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8 March 1807
Naturally Every where therefore it is the supreme legislator that is
supreme Judge: The object of judicature is to maintain
on the part conduct of all the people considered in the character of subjects
a conformity, a constant conformity to the expression given to supreme will
as being the universal standard of rectitude.
What then is the object, the end in view, in allowing
to the suitor the faculty of recurrence to this universal standard from
law of justice? what then is the proper object – the proper end in view?
to maintain the conduct of the Judge, and thence of the people
in a state of conformity, to that supreme will – of conformity as
universal, and in every respect as perfect as possible: – to
maintain this conformity, and of course with as little collateral
inconvenience, in the shape of delay, vexation and expence,
as possible.
Thence crime If these considerations be just, they lead at
once to one fundamental rule or aphorism concerning
degrees of jurisdiction.
So far as matter of law is concerned,
1. The number of degrees of jurisdiction ought to be in regard to
every sort of suit, to be as small as possible – as small
as may be, prudential as well as physical practicability considered.
So far as matter of law is concerned
2. No degree of jurisdiction ought ever to be added, but for
some special reason cause, proving that for want of it the ends of
justice taken in the aggregate, fail of being fulfilled provided, or effectually
as they may be by means of it.
Identifier: | JB/106/151/001 "JB/" can not be assigned to a declared number type with value 106.
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