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5C
Compensation Conservation and Improvement
But not establish them definitely
There are two reasons why no regulation of
a Court of Justice should be valid of itself: subordination
and uniformity: the subordination of
the office of Judge to that of Legislator: and the
uniformity that ought to obtain in the practise
of Judges the Courts of the different districts and provinces
in the same state.
2. On account of uniformity
Of the incidents which call for corrective
or supplemented regulations, some will either be peculiar
to the district in which they happen in any given instance to arise; others will
be equally apt to arise in any other district
As to the first sort of incidents the regulations which
they call for may it is true and ought to be confined to
those particular districts how few or how many soever there be which call for them: but
as to the latter sort, the regulation which they
give occasion to may be extend generally over
the whole state. They therefore ought to have that Now then if they may without inconvenience
general extent, they ought to have that general
extent. For in so far if any one district were
unprovided with the very regulation in question in terminis+, the system admin
+it must either be provided with one equivallent to it in matter
of justice procedure would in that district by the supposition
be defective. If the second regulation were equivallent
with the first in matter but not the same
in terms, the system of procedure would be redundant
in point of language in proportion to the whole content
of one of them. The language of one of them would
be an useless burthen to the Law.
Identifier: | JB/100/093/001 "JB/" can not be assigned to a declared number type with value 100.
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conservation and improvement |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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32109 |
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