JB/106/086/001

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Feb 7 1807

Judicial Justice
Letter V
I.

MisdecisiThe articles of misdecision Prevention of mis-decision and prevention
maintenance of uniformity require ulterior consideration.

4
consideration
resulting
1. Prevention of misdecision
2. Maintenance of uniformity

In regard to misdecision, the mischief of it differsdiffers is
materially, varied by the difference whatever be the cause or object of demand according to the nature of
the subject of decision. i.e. according as it is the point matter of
kind in the point matter of fact: the mischief, and thereupon accordingly
the remedy: the mischief viz. in respect of
the remedy which it admitts of in the one case and act
in the other.

5
Mischief of misdecision
and consequently in
of prevention of
misdecision varies
according as the subject
is matter of fact or
law

6
Subject of decision
matter of fact, judication
(law were
so unrecognisable) may
be committed to an
everchanging set of Judges
such as a Jury; for
mischief of misdecision
is in this case slight
not extending beyond
the and his circle.
Verdict, in one through case
but ever so bad, will
not be the worse
: same July will not sit again

Where the subject of the decision is the point in question of
fact merely, itfact merely more in this case be the state of the law over so uncertain and uncognoscible, it admitts of an ever changing Judge or set of
Judges: such for example as an English Jury. In this case
the mischief of misdecision is comparatively slight:light: yesterday
the suffering extends not beyond the individual, or at mass beyond
the work of the conscience of the individual, to whose prejudice
the misdecision operates. YesterdayGo back a day, in such or such a cause,
a Jury gave an unjusttheir verdict. The verdict was unjust,
and in that sort of case which exists to no small extent,
in which a new trial could not be granted. So much the
worse: but however there ends the mischief; at any rate so far
as that set of changeable judges is concerned: for the same set
will not meet a second time.

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Identifier: | JB/106/086/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-02	Marginal Summary Numbering	4-6
Box	106	Main Headings	scotch reform
Folio number	086	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34674
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