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15 Feby 1808
But enough of supposition, thus started here and there, f to
let in here and there a side-light.
But Where the different distinction By the superiority in
point of difficulty were it ever so clear – by the superiority
in point of importance were it ever so clear – by the
difference in point of aptitude, be were
it capable of being ever so great, between Judge and Judge
no tolerable reason would be afforded, for in support of the arrangement
by which causes of a certain description are dropt out withheld or excluded
from the cognizance of the judicatory of the Outer House. The Judges
from whose cognizance certain causes of certain descriptions suits of this or that description
are with-holden by those 15 superior Judges, are not any
inferior Judges, but themselves, and the Lord President excepted,
every one of themselves.
The supposition argument would be – if argument had anything
to do in the case – that though in most sorts of causes
a more Judge may be able to come to a decision when he
sits alone, undistracted and unembarrassed unmolested by the interference
and occasional opposition of a multitude of colleagues
equal in authority with himself, yet there are some sorts
of causes in which he will not be able to perform any
such operation unless he under any other terms than the
having the benefit of that disturbance.
Identifier: | JB/091/227/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-15 |
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091 |
scotch reform |
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227 |
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001 |
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text sheet |
1 |
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recto |
c4 / d21 / e18 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29223 |
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