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Place and Time
[+] [+] Let us see a person, upon what was likely to be a view of the general complexion the of the English Law what was likely to be the effect of it's introduction into Bengal.
The statute law framed for the most part with very considerable
regard for the welfare of England, was framed without any
regard to the interests [welfare] of Bengal those Mahomitan Judges a country the acquisition
of which had never been foreseen. The common law in which
accident rather than design has mixed in a few parts principles which Let us see a what was likely
to be the effect of the of the
are inestimable, has been made up with scarce any regard for
the welfare of any country, not even of that which gave it birth
English law. Ld , the great oracle of
this law, has enunciated [twenty] topics of
or heads of argument which according to him
serve as grounds of decision in the courts of
justice. [+] Of these twenty, the principle of
utility, the argumentium ab inconveniente,
as he phrases it, is one, it must be supposed [+]
[+] It is neither the first nor the last, nor in any post of honour. it is shuffled in without distinction <add>towards</add> the middle.
What is the chance
then that the rule of law in which the decision is grounded in any given instance shall be
one in the framing of which the happiness of
the people has been kept in view? it is just as
one to twenty.
[To compleat the matter] let us [now] see
what have been the effects of this operation
in practise. Three Mahomitan judges, compelled
by the only authority which they see
established [in the country] take upon them
the cognizance of a civil suit: Bad in its nature evil, when it became intolerable
they execute
their authority: they execute it [in the accustomed
manner] without any imputation of
- dishonesty. Convened before the English Judges, they
Identifier: | JB/100/030/001 "JB/" can not be assigned to a declared number type with value 100.
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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