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1 March 1807
As to the advantage benefit of uniformity, of decision, it
recommends itself by a natural title to the imagination, the
advantage of it attended to it is not of a nature of provoke
dispute.
But though real, it is not intrinsic, for its utility
depends on ulterior considerations.
In regard to the rule of action the advantage utility of uniformity depends upon the utility of certainty.
On the certainty of the rule of action. On the basis endowment of
certainty on the part of the law stands rests that of security on
the part of the people in the character of Suitors.
Suppose that by a the habitual course of decision becomes habitual
to one of three courts the property of a demand is given
the whole of it to the older of two sons, by that of another
Court, the whole to the younger, and by that of the third, divided
between them: no disposition by well being allowed: and no one
of the three Courts having any power of controul over either of the others.
Thus we see an ideal a state of confusion no less fatal to security than
the above supposed case of the prevalence of a principle.
Identifier: | JB/106/091/001 "JB/" can not be assigned to a declared number type with value 106.
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jeremy bentham |
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bernardino rivadavia |
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1804 |
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