JB/106/153/001

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8 March 1807

8. But even in an Empire such as the British, supposing
all the decisions pronounced on the subj matter supposing
the matter of law effectually separated as it is or ought be in every instance
from the matter of fact, and thus supposing all the de the whole
body of decisions universally pronounced on the matter of law, annually collected
and pris brought under his view, it would not be
impracticable for him to pronounce concerning their respective
conformity to the standard of rectitude, to the purpose of future
decisions, so it be not to any retrospective retro-active purpose.

9. Supposing this compleat and regular survey impracticable
now that so large a portion of the rule of action lies in the
chaotic state of jurisprudential law, at any rate it would
not be so, were the whole to be, reduced as it might and
ought to be, into the state of statutory law.

10. A notion seems to have prevailed – and if not actually entertained,
professed to be entertained among lawyers, that by every
additional degree of jurisdiction affords an additional security
against misdecision.

11. But this can only be on the supposition of an agreement
in amongst the several Courts. Suppose four degrees of jurisdiction:
if all four Courts agree, there we have the proportionable
increase of probability: but suppose two on each side, where
then is the advantage?

12. But even this besides this imperfection, the notion rests
in the supposition of the that the standard of rectitude is in no better
a state than that of the idea of propriety, or composed of
the discordant mass of decisions constituting the supposed appropriate
portion of jurisprudential law. It fails is sure to fail altogether, the instant it is
understood that the standard of rectitude the rule of action, is as it ought to be, in the state of statutory law. To know
what is most conformable to the will of the legislator, to whom what other person quarter due care you apply, with equal security for correct information, as to himself?

Identifier: | JB/106/153/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-08	Marginal Summary Numbering	13-17
Box	106	Main Headings	scotch reform
Folio number	153	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34741
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