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11 Feby 1808
If it were possible to introduce into the Scottish judicatories
the English form of pleading the system of Scottish
procedure might thereby be made to receive Jury Trial
with its utilities and inconveniences as exemplified in
English practice, and at the same time the substantive
branch of the law rule of action might receive that imperfect degree of
determinateness which it has by means of those forms it
has acquired under English law: and thus from its present
abject barbarous imperfect and abject state, it might be
raised into the somewhat less imperfect and abject state,
possessed by English Law.
But this into Happily for Scotland this minute
advance in the career of improvement is not po impossible.
Two circumstances may be distinguished, either of them
sufficient to render it so.
One is that in respect the portion of substantive law involved
as above in the English forms of pleading, is in a
multitude of points altogether different from the correspondent
portion of Scotch law: in many points in reasonableness and utility inferior, in many
others different without being superior.
Identifier: | JB/091/260/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-11 |
14-15 |
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091 |
scotch reform |
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260 |
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001 |
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text sheet |
1 |
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recto |
e6 |
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jeremy bentham |
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29256 |
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