JB/106/097/001

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13 March 1807

Judicial Justice
Letter V
2. Shapes
c. Misdecision

28 17
Under statute law
every point concerning
the words, determinate,
what, whose, where
in what
under jurisprudential law
all those points liable
to dispute:
Rule of action
therefore no determinate
words from any where
any part of it

Under statute law every thing point relative to the words is
determinate and not of doubt <add>dispute: what they are where they are, in what part
of the rule of action, on what occasion delivered.

Under jurisprudential law, the question of law is
still resolvable into a question of words concerning the import of words.
But here every point point relative to the words is indeterminate
and liable to become matter of dispute: what they are
where they are, in what part of the rule of action, supposing
there were one, and as what occasion delivered.

Qu what part of the rule action supposing any such
thing to exist: but the great <add> fundamental misfortune is that no such thing
has any existence.

29 18
Advantage attendant
on statute law -
Alledged existence of
misdecision being presented
to the supreme
judicature, its connection
with the supreme
legislature may in
case any error should
thereupon appear in
the law itself, lead
to the correction of it.

It may happen in Under statute law it may happen
A. If the statute of substantive law in question
that the rule of action will be recognised to be mischief erroneous, when compared
with the ideal standard of rectitude, composed of the dictates
of general utility and natural justice. When the any
alledged instance of misdecision is presented to the notice of the
supreme judicature, if it reside in the same hands or in any
part of the same collegiate of hands as the supreme legislature, here
will be an occasion in which correction may whatsoever
be the fate of the judicial decision, correction amendment may be given
to the law. But of this in another place.

Identifier: | JB/106/097/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-10	Marginal Summary Numbering	17-18
Box	106	Main Headings	scotch reform
Folio number	097	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c12 / e12
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34685
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