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<head>CERTAINTY. STARE DECISIS.</head> | |||
<p>1</p> | |||
<p>This baneful practise had <sic>it's</sic> root in that <del><gap/></del> <lb/> vague and inaccurate <sic>stile</sic> of Legislation [which <lb/> was] the best which the barbarism <add><gap/><add>itancy</add> and ignorance <lb/> of the times would afford., <del>which scarce ever</del> <del><add>almost always</add></del> <lb/><add><del>was more or less than or fell short of</del></add><lb/> <del>failed to</del> <add><add><del>fell either</del></add> <del>short of or beyond or beside what it<del><lb/> <del>meant to express; and the consequent necessity</del><lb/> <del>in which the Judges found themselves, & to prune</del><lb/> <del>to graft & to transplant.</del></p> | |||
<p>3</p> | |||
<p>The expressions of the Law were almost <lb/> always either larger, or <del>more</del> <add>narrower</add> than, or <lb/> | |||
beside the idea which it meant to convey:<lb/> The Judges were therefore as constantly called upon <lb/> to cut off to change , & to piece on.</p> | |||
<p>2</p> | |||
<p>The Sessions of the Legislative power were to all<lb/> parties irksome & <add>precarious</add> unfrequent — it's communication<lb/> with the Judicial, broken & unfrequent.<lb/> | |||
here concerned (if not rather the misfortune to<lb/> ever be lamented)<lb/> To speak truly, <add>therefore the</add> this vice [must needs have been <gap/><lb/> with or rather anterior to its opposite virtue.</p> | |||
<note>The Judges <add>Lawyers whether</add> <add>entrusted with this</add><lb/> <gap/> the little learning<lb/> that was then abroad<lb/> in <del>larger</del> proportion<lb/> somewhat larger than<lb/> did the <gap/> if<lb/> ignorant which<lb/> | |||
who framed them <add>informed the former</add><lb/>and had the advantage<lb/>of having <del>instances</del> <add>incidents</add><lb/>come <add>by degrees</add> under their cognizance<lb/> which the parties<lb/> could by failing <del><gap/></del> not have in<lb/> others [had never in] <lb/> contemplation.</note> | |||
<pb/> | |||
<head>CERTAINTY. STARE DECISIS.</head> | |||
<p>The expediency of <add>pursuing<add>adhering to</add> General Rules is always Paramount<lb/> to <add>that of <add>obviating <add>curing</add> to particular inconveniences; because particular inconveniences <lb/> may be cured <add>by the means viz:</add> by the Legislation: but the vice of unsteadiness<lb/> when once it is has crept <add>gotten hold <add>footing</add> in to the Law, nothing<lb/> can cure</p> | |||
<p>It is sacrificing [with whatever integrity of intention] the Interests of the<lb/> whole nation to those of a single man.</p> | |||
<note>working Reformation<lb/> <del>by</del> in this improper<lb/> way<lb/> gives countenance to the <lb/> cry of Anti-reformers<lb/> against<lb/> the idea in general</note> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
CERTAINTY. STARE DECISIS.
1
This baneful practise had it's root in that
vague and inaccurate stile of Legislation [which
was] the best which the barbarism <add>itancy and ignorance
of the times would afford., which scarce ever almost always
was more or less than or fell short of
failed to <add>fell either short of or beyond or beside what it
meant to express; and the consequent necessity
in which the Judges found themselves, & to prune
to graft & to transplant.
3
The expressions of the Law were almost
always either larger, or more narrower than, or
beside the idea which it meant to convey:
The Judges were therefore as constantly called upon
to cut off to change , & to piece on.
2
The Sessions of the Legislative power were to all
parties irksome & precarious unfrequent — it's communication
with the Judicial, broken & unfrequent.
here concerned (if not rather the misfortune to
ever be lamented)
To speak truly, therefore the this vice [must needs have been
with or rather anterior to its opposite virtue.
The Judges Lawyers whether entrusted with this
the little learning
that was then abroad
in larger proportion
somewhat larger than
did the if
ignorant which
who framed them informed the former
and had the advantage
of having instances incidents
come by degrees under their cognizance
which the parties
could by failing not have in
others [had never in]
contemplation.
---page break---
CERTAINTY. STARE DECISIS.
The expediency of pursuing<add>adhering to General Rules is always Paramount
to that of <add>obviating <add>curing to particular inconveniences; because particular inconveniences
may be cured by the means viz: by the Legislation: but the vice of unsteadiness
when once it is has crept gotten hold <add>footing in to the Law, nothing
can cure
It is sacrificing [with whatever integrity of intention] the Interests of the
whole nation to those of a single man.
working Reformation
by in this improper
way
gives countenance to the
cry of Anti-reformers
against
the idea in general
|
Identifier: | JB/050/126/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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126 |
certainty stare decisis |
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001 |
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text sheet |
2 |
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recto |
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jeremy bentham |
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16117 |
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