JB/116/153/001

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25 July 1802
N. S. Wales 1

It may be said to one you mistake the nature
and application of such arguments. They are grounds of consideration
policy: they are proper grounds for legislation. But what is
in question here is — not legislation but judicature:
and it is analogy not policy — abstract independent expediency
— that is the proper ground of decision in judicature:
if abstract expediency — policy — utility call it how
you will have any claim to be heard — it is only where
the case upon the ground of analogy is doubtful —
where in the conflict of contending analogies it is impossible
to say which is the strongest.

I answer — it is something if I have proved that grounds for legislation: and that it is incumbent on Parliament,
in the case of every conquered Colony to take the
legislation of it into its own hands: or rather to declare
by one general law that thes over all Colonies obtained
by conquest the right of legislation apparatus exclusively
to the King in Parliament.

But I see not what should stop the argum application
of the argument to at legislation: I see not, why
it should not go in to judicature. In the Bill of Rights
we have decisions, which by every tie the tie of legal
obligation: the tie of affection ought to be thel regarded
as much more conclusively binding than any decision
or decisions given in the course of any court of judicature. In the text of that second
law we have a determinate assemblage of words, which
surely may be regarded as a basis of analogy rather
more fixed, rather more authentic that any that can
be formed in the reported supposed substance of the argument
of any Judge.

Identifier: | JB/116/153/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-25	Marginal Summary Numbering	1-3
Box	116	Main Headings	panopticon versus new south wales
Folio number	153	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37686
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