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26 Jany 1808
Under jurisprudential law, judicature by what
hands soever exercised is always arbitrary.
There being no assignable standard of rectitude of right decision The standard of rectitude having no existence
misdecision sees nothing by which it can be detected convicted.
Under Statute law, if on the question of law a
decision contrary to law is hazarded, the standard
of rectitude being in existence having existence and being exposed to every
eye the unrighteous Judge may in every eye rend his condemnation and his punishment.
Under jurisprudential law, successful or unsuccessful,
a decision I one can scarcely any contrary to
his when there is no law but a wicked, dishonest
decision may without danger be pronounced by anyone anybody.
Misdecision means implies a standard, and that standard
departed from; when no standard exists, how
can is it possible that misdecision can take place?
Yes says some lawyer the decision pronounced by
the unrighteous judge is contrary to the line and spirit
of anterior decisions. Be it so; but in relation to
those anterior decisions, everything is matter issue of dispute;
and in this such dispute, none but a lawyer having either
inclination or power to take a part, the ill repute if any
there be is confined within that comparatively narrow circle.
And by the opinion of his having on a particular occasion of
his life committed an injustice what is it that a man suffers,
while that opinion is confined to a set of men, ready at all times to⊞ ⊞ defend any and every act of injustice, and having
everything to gain by such injustice
and by all injustice, and nothing at
all to lose by it.
⊞
tenor of the decision,
or decisions, accuracy
of the reporter, authority
of the Judge, analogy
of each case decision
to the case in hand,
wording purport and
tenor of the general
rule proper to be deduced
from them – than
points without number being are continually open to dispute –
Identifier: | JB/091/290/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-01-26 |
18-20 |
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091 |
scotch reform |
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290 |
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001 |
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text sheet |
1 |
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recto |
e24 |
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jeremy bentham |
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29286 |
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