JB/106/181/001

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May 1807

☞ After enumerating the 6 objects, go on

Of these 6 objects the two only ones which present
in a direct view the idea of injustice in the character of
the mischief to be obviated are the 4th and 5th viz: prevention
of misdecision – viz. ultimate misdecision, and prevention of delay, viz. unnecessary
delay.

But in these two objects the three first in one point of view are virtually
included: as likewise in another point of view, the sixth last
viz. periodical collection of Returns showing the state of judicature
in the subordinate Courts.

1. The will of the legislative authority legislator being necessarily
assumed as the standard of rectitude as the basis of judicial decision,
it follows that, in the instance of each individual suit so far at least as the question of law is concerned,
prevention of ultimate de misdecision, and maintenance of the
authority of the legislator coincide. The decision in that instance
is it right? the will of the legislator is then than
conformed to in that same instance. Is the decision wrong?
the will of the legislature is then in that instance frustrated, his ordinance disobeyed.

2. The will of the legislator being in like manner assumed
as the standard of rectitude of in the line of judicial decision, it follows in like
manner that in the instance of any two individual suits, compared
with each other, so far as the question of law is concerned
maintenance of conformity in judicature and maintenance
of the authority of the legislator coincide. For one of them
being conformable to the will of the legislator, if the other be likewise
conformable to the same standard, they will be conformable to
each: one of them being conformable to that same standard, and the
other not, they can not be conformable to one one to another.

Identifier: | JB/106/181/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-05-15	Marginal Summary Numbering	1-3
Box	106	Main Headings	scotch reform
Folio number	181	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34769
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