JB/106/178/001

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14 May 1807

Of such a multitude of unjust rules as the jurisprudential
laws of every country, but of England more perhaps than of
any other country abounds with, wherein consists in many instances, the mischief
– the injustice? Only In this and this only; viz.
that they run counter to the current of expectation, of
natural and general expectation. Of all of them you
may say this much: and of the most absurd and mischievous and monstrous of them you can say nothing no worse.
In this consists always a great part of the mischief, and
in some cases the only mischief but that quite sufficient, of those rules by which
contrary to the expectation produced by that general rule,
the fulfilment of which is continually offering itself to men's
eyes (fulfils your engagements) so many engagements, without
any reason bearing inference to the principle of utility
are declared void, or under some other verbal pretence, by none deciding with some other form of
words in their mouths refused to be made obligatory, by compelling the performance fulfilment.

In this consists the mischief of all those rules of procedure
the effect of which instead of effecting is to prevent
the fulfilment of the engagements taken by the main body
of the law, and for example in particular, that by which, except in such
and such particular cases, the legislator and the Judge stand
bound by an engagement explicitly or implicitly taken by them
respectively to compel the fulfilment of all engagements
entered into by one subject with another. In this (to give a
more particular example) consists the mischief of that invention
of fraud and absurdly a confederacy inequity and corruption – the principle of nullification:
a principle by which injustice to any effect may be done upon
any occasion without exception, and which never is applied without
being productive of injustice.

Identifier: | JB/106/178/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-05-14	Marginal Summary Numbering	21-22
Box	106	Main Headings	scotch reform
Folio number	178	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c9
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34766
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