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<head>Certainty COUNSEL at Trials.</head> | |||
<head>Certainty | |||
<note>The difference must be<lb/>well attended to, by those<lb/>who would form to themselves<lb/> an unsophisticated<lb/>representation of the<lb/><del>rate of progress | |||
</del> <add><hi rend='superscript'>growth</hi></add> of our<lb/> own or any other Jurisprudence,<lb/> between the <hi rend='underline'>reason</hi> wherein an<lb/>institution may <add>now defended</add> justified<lb/> & the <hi rend='underline'>motive</hi> whereon <hi rend='superscript'>wherefrom</hi><lb/>it was <hi rend='superscript'>originally</hi> established —<lb/>A Man &c.</note> | |||
<p><del>A Man might be apt to Impute the origin of</del> <add>If any one should <del>a</del> Prudently demand, according to the common opinion</add> | |||
<lb/> <del>this institution to a providential Zeal for Justice</del><add> A Prudent usage say the Lawyers, established least</add><lb/> least guilt <add>of so <gap/> a nature</add> <add>to <gap/> this enormous</add> might be snatched out of the hands of <lb/>the Law by the <add>skill</add> eloquence of <add>an artful</add> a <sic>skillfull</sic> pleader —<lb/><del>but he would be very much mistaken:</del> <hi rend='superscript'>But unluckily</hi> it was<lb/><add>however, for this eloquence</add> <del>considered</del> <add>only our</add> ... that here, as usual, the thing<lb/>might <add>yet</add> have the ... of the Scale; & have the<lb/>better chance in the scramble for the Forfeiture —<lb/> For when the same questions were tried at the <lb/>suit of a private party, if we may believe<lb/><hi rend='superscript'>fn</hi> Edw. Coke, <note><add>+</add> 2 Inst. 317,</note> Council<hi rend='superscript'>rs</hi> were <add>as they are at this day</add> "constantly allowed.<lb/>Certainly the accident of one person's happening to<lb/>prosecute rather than another, <add><del>when the . . .</del><add>for a Ground which</add> is done & over</add> makes no difference.<lb/>in the nature of that Crime.</p> | |||
<pb/> | |||
<p>CERTAIN<hi rend='superscript'>TY</hi> STARE DECISIS Burn. 2.220</p> | |||
<p>A man could not at any one time tell whether<lb/>he would like or dislike 3<hi rend='superscript'>dly</hi> Because he<lb/> <del>might</del> liked at one time one could not know<lb/>but that he might dislike at another: ... because<lb/> | |||
tho' they could tell at all time what he would<lb/>like or dislike they could not be certain to what <lb/> lengths.</p> | |||
<p>While judges have a double standard <add><gap/></add> of <gap/><lb/>one for Statutes which they like, another for Statutes<lb/> | |||
which they dislike, the Law must <add>continue afloat</add> be perpetually <lb/>for ever: 1<hi rend='superscript'>st</hi> because Judges are many and change<lb/> 2<hi rend='superscript'>dly</hi> because tho' there were but one & he perpetual <add>Double construction</add>Judges assuming or dispensing <lb/>power<lb/> | |||
At one stroke casting off their obedience<lb/> to the supreme power and corrupting the<lb/>fountain of all intelligence—language<lb/>Who from <add>being</add> the first Servants raise themselves <lb/>to be the Masters of the Law.</p> | |||
<pb/> | |||
<p>CERTAINTY Stare Decisis</p> | |||
<p>If a System of absolute perfection were sent down<lb/>from Heaven, these ... would turn it into a<lb/>Chaos - a good System would be turned into a<lb/>bad one, & a bad one corrupted into a worse.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Certainty COUNSEL at Trials.
The difference must be
well attended to, by those
who would form to themselves
an unsophisticated
representation of the
rate of progress
growth of our
own or any other Jurisprudence,
between the reason wherein an
institution may now defended justified
& the motive whereon wherefrom
it was originally established —
A Man &c.
A Man might be apt to Impute the origin of If any one should a Prudently demand, according to the common opinion
this institution to a providential Zeal for Justice A Prudent usage say the Lawyers, established least
least guilt of so a nature to this enormous might be snatched out of the hands of
the Law by the skill eloquence of an artful a skillfull pleader —
but he would be very much mistaken: But unluckily it was
however, for this eloquence considered only our ... that here, as usual, the thing
might yet have the ... of the Scale; & have the
better chance in the scramble for the Forfeiture —
For when the same questions were tried at the
suit of a private party, if we may believe
fn Edw. Coke, + 2 Inst. 317, Councilrs were as they are at this day "constantly allowed.
Certainly the accident of one person's happening to
prosecute rather than another, when the . . .<add>for a Ground which is done & over</add> makes no difference.
in the nature of that Crime.
---page break---
CERTAINTY STARE DECISIS Burn. 2.220
A man could not at any one time tell whether
he would like or dislike 3dly Because he
might liked at one time one could not know
but that he might dislike at another: ... because
tho' they could tell at all time what he would
like or dislike they could not be certain to what
lengths.
While judges have a double standard of
one for Statutes which they like, another for Statutes
which they dislike, the Law must continue afloat be perpetually
for ever: 1st because Judges are many and change
2dly because tho' there were but one & he perpetual Double constructionJudges assuming or dispensing
power
At one stroke casting off their obedience
to the supreme power and corrupting the
fountain of all intelligence—language
Who from being the first Servants raise themselves
to be the Masters of the Law.
---page break---
CERTAINTY Stare Decisis
If a System of absolute perfection were sent down
from Heaven, these ... would turn it into a
Chaos - a good System would be turned into a
bad one, & a bad one corrupted into a worse.
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Identifier: | JB/050/123/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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123 |
certainty counsel at trials |
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001 |
stare decisis |
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text sheet |
1 |
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recto |
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jeremy bentham |
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16114 |
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