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7 March 1807
To one or another of the above heads may be referred every instance
of judicial injustice in judicature operation in direct and immediate
repugnancy to any immediate end of justice. But the
measures precautions taken by the legislator for the prevention and avoidance of
against injustice from that source would be imperfect and
inadequate, were he to fail to apply himself in the exclusion
of two other mischiefs which though distinguishable
from all every one of the above, are intimately connected with them, in
the character of causes tending to the production of those effects.
These are
1. Usurpation of jurisdiction.
2. Operations production of ununiformity inconsistency in judicature: of
co-repugnancy or inconsistency as between one judicial decision
and decision another.
On the part of the legislator, the guarding putting an exclusion
as compleatly as possible, upon these several mischiefs
or inconveniences may be considered as so many
secondary ends of justice.
At On the bare mention of it, usurpation will be recognized
as being, what it is will be seen to be one evil. Yet this it could would not be,
were it not for its tendency aptitude to be productive of those the more
immediate and sensible intrinsic evils above spoken of, the evils which
stand opposed, as above, to the several primary ends of justice.
In like manner, on the bare mention of it, ununiformity inconsistency
in judicature as above explained will also be naturally
enough recognized in the character of the evil: yet this
would not be any more than the other, but for its aptitude
to give birth to the same more sensible and immediate evils,
as will be explained in due time and place.
Identifier: | JB/106/124/001 "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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