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7 March 1807
Proper or improper, beneficial or pernicious, this
assumed standard of rectitude, in whatsoever state it may
happen to be – in other words whatsoever expression of sovereign will,
real or imagined, constitutes is considered as constituting at the time of consideration a
part of the established and still existing law – must itself
be considered as being right. On no other occasion
but one, can it, without absurdity be considered as
wrong, as improper, as not constituting of itself to the extent of it, the
standard of rectitude; and that to all purposes in general,
and in particular to the purpose of judicature: – of the
line of conduct to be pursued with reference in relation to it, by the
Judge. This one occasion is where, with or without
a view to a practical change, the propriety of the article
of law in question is itself the very subject of inquiry
or debate.
In this particular and limited sense at any rate,
the celebrated aphorism may be admitted into the catalogue upon the list
of truisms – whatever is is right.
Identifier: | JB/106/126/001 "JB/" can not be assigned to a declared number type with value 106.
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106 |
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recto |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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34714 |
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