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In progress. Last edited by Kdownunder

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18 May 1807

In all ordinary cases: one observation which obvious
as it may seem made, seems scarcely ever to have
occurred, at least to have shown itself one fraction is – that
between decision in precise conformity to the declared will of
the sovereign, and decision in non-conformity and opposition
to it, there is a medium middle course: and a course
which under every government might be permitted ad pursued
with perfect safety. This is – to antagonize the Judge
when he sees occasion, after declaring the decision which
to him appears to be conformable to, and called for by the declared
will of the sovereign, taken as it stands at present, to suspend
the execution (taking the requisite measures for the
of irreparable damage) till after the particular case shall
have been represented to the sovereign, and his particular will signified
in consequence.

Many important considerations concurr in recommending a
precaution of this sort to a provident legislator legislature.

1. The having a door open for the prevention of effects, of which
had they been present to the view of the legislator, the
would have been recognized.

2. Preventing the Judge from getting running into those habits of mis-instruction
mis-interpretation which whether in respect of those particular effects
or the state of the interests in the individual case interests of the parties in question, is
proposed with unlimited mischief on the most extensive side,
spreading the mischief of uncertainty and uncognoscibility over the whole
face of the law.

3. Depriving Taking from the Judge of that the handle which bad Judges are
so of making to themselves out f the undeniable mischievousness
of certain laws for assuring excer and exercising a sort of dispensing
power over any line that for which they behold standing in the
way of their corrupt interests of affections.

Identifier: | JB/106/197/001
"JB/" can not be assigned to a declared number type with value 106.



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jeremy bentham



jeremy bentham

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