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JB/106/087/001

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1 March 1807

Very different is the case much more extensive is the mischief where the subject of the erroneous
decision is the point of law. The appropriate judge of the point
of law is a permanent Judge functionary. In whatever whichever part of his
mental frame, the intellectual or the moral, the error originated
the danger the presumption is is that it may be, that it will be, repeated. Individuals
whose security in respect of theirperson, property, reputation condition
in life depends upon the rectitude of his decision, see that
security shaken: a pain of apprehension, more or less intense
in proportion to the enormity of the error aberration, takes possession of each invades in every
brain.

This is not all. For on the question point of law,
each Judge in his decision, unless otherwise impelled directed by some
sinister nature, makes it the constant object of his endeavours
to keep his decision in a state of conformity as close as
possible, to the decisions pronounced in the same ground, or in default
of identity compleat or the nearest to it that can be found, by
in anterior occasions, by other judges. Universally acknowledged A universal sense of utility
general utility, and persons creatures with personal conscience
in the production of this effect.

The more uniform universal the prevalence of this habitual conformity
throughout the body of the law - (the law rule of action
is in this case supposed to be in the state of jurisprudential law) -
the greater is the degree in which the symptoms of uncertainty (the hereditary
leprosy of this species of law) is mitigated find their mitigation.

But the advantage thus arising attached to uniformity and
consistency is attached to it no further than in no other condition than that of in so far
as the time of decision is subservient or at least not repugnant
to the dictates of original utility as applying to the special particular care
in question in each instance. For it is with good decisions and thence
with good rules as with bad, any one rule may become "the fruitful permit of a hundred more".


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Identifier: | JB/106/087/001
"JB/" can not be assigned to a declared number type with value 106.

Date_1

1807-03-01

Marginal Summary Numbering

7-8

Box

106

Main Headings

scotch reform

Folio number

087

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e3

Penner

jeremy bentham

Watermarks

iping 1804

Marginals

jeremy bentham

Paper Producer

bernardino rivadavia

Corrections

Paper Produced in Year

1804

Notes public

ID Number

34675

Box Contents

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