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16 May 1807
At first sight this cause perhaps – viz individual personal
interest acting operating in the bosom of each individual prejudiced
by the decision of and in the supposition of its being erroneous,
injured by it, – may perhaps present itself
as sufficient to ensure the pointing of the attention of the
superintending authority to all as many cases in which the interests
of the community which is as much as to say the interests
of justice present a real rational demand for it – the judicial
decision (it may be said) can be pronounced but some person
or other viz: the individual in whose disfavour, whether in
the character of plaintiff or defendant, the execution of it
would operate would must find his interest in some way
or other most prejudiced disadvantageously affected by it. No judicial decision therefore
can ever have place but that if erroneous it must
to some individual or other be injurious – to some individual
or other who thereby has an interest given to him from such injury derives an interest in
appealing from it – i.e. in complaining of it to the superintending
authority on the law of injury – in a word
in presenting an appeal praying the reversal or modification
of it. Thus it is, that no decisions will ever take
place but those which of of every one of which, so it be
but suspected of being erroneous – suspected b him who
in case of misdecision has as much interest as any
man can have to prompt him to give notice of it and
complain of it, the superintending authority may assure itself
of receiving information. But in receiving information of
all those decisions in which any error is suspected, it receives
information of all those decisions of which there can be any
use of its being informed. For to what purpose should it receive
information on those instances in which there is nothing to be
done? On the part both parts, on the part as well of those from whom,
as of those from to whom the information would have to come, it would be
labour without an object: and as the labour would not, so neither would the
expence of procuring it, be inconsiderable.
Identifier: | JB/106/186/001 "JB/" can not be assigned to a declared number type with value 106.
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