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1 March 1807
The Of the faculty of recourse from an inferior to a
superior judicature one use, as already stated, is the
maintenance of uniformity in the rule of action.
But to the purpose it taken by itself, it is far
from being sufficient.
From By uniformity in the rule of action security
on the part of the people can not as already intimated be provided for, any
further than as that the existence and nature of that rule
is matter of notoriety: and every where the notoriety of the
rule of action is left to chance.
But supposing even that in respect of certainty
and notoriety of the law matters were brought to perfection
still this would not be sufficient suffice.
In each case individual case, whether in case of misdecision appeal shall
take place or no – depends not merely upon the existence
of misdecision – not nor yet merely upon the existence
of that mishap and coupled on the part of the individual prejudiced
by it with the pursuance of its existence, but in the concurrence
on his part, of the power and effectual will to pr institute
and prosecute that mode of recourse complaint.
But under the load mass of factitious vexation and expence
with which the chance of obtaining relief in this has stands
been loaded in a larger there is no saying how large of this number of instances in which misdecision
a part having taken place correction in case of appeal would
also have taken place, it is but in a part – and there is no
saying what or how small a part that the appeal has actually
been made, that the correction has been made – that the uniformity in question has been maintained.
Identifier: | JB/106/094/001 "JB/" can not be assigned to a declared number type with value 106.
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1807-03-01 |
28-30 |
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106 |
scotch reform |
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094 |
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001 |
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text sheet |
1 |
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recto |
e10 |
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jeremy bentham |
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34682 |
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