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<note>Corpus delicti</note> | <note>Corpus delicti</note> | ||
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<p><add>unnecessary invalidation of</add> deeds and other legal documents <del>have been unnecessarily<lb/> invalidated for</del> more injustice <add>hardship</add> perhaps has been done <add>created</add><lb/>upon the whole than has been prevented. It is <add><del>a</del></add> bad<lb/><add><del>case</del> bad enough</add> where these hasty invalidations are created <del>by</del> [with<lb/>notice] in the way of statute law: when <del>done</del> created<lb/>in the way of common law it is much <add>still</add> worse. A man<lb/>is ruined for want of conforming to an arbitrary<lb/>standard which, <sic>till</sic> the time of trial came, had<lb/>no existence so much as in the mind of the Judge<lb/>who set it up. [This <add>however</add> is the way in which a great<lb/>part of the customary law in every country has<lb/>always been put together: more especially of the English<lb/>law in which this sort of caprice seems to have born<lb/>a more than ordinary sway].</p><p>If any failure in point of formality might<lb/>to be made a ground of invalidation it should be such<lb/>an one as regards a very simple point, such as<lb/>the number of attesting witnesses, about which it was<lb/>next to impossible [there should be any mistake] any<lb/>misapprehension should take place: and even here great<lb/>care should be taken that the formalities <add>thus</add> made requisite<lb/>were such as a man would <del>always</del> <add>be sure to</add> have it in<lb/>his power to observe: otherwise to provide <del>an</del> <add>in the</add> alternative<lb/><add>another</add> which might be observed instead of it.<lb/></p> <note>It</note> | |||
<p><add>unnecessary invalidation of</add> deeds and other legal documents <del>have been unnecessarily<lb/> invalidated for</del> more injustice <add>hardship</add> perhaps has been done <add>created</add><lb/>upon the whole than has been prevented. It is <add>a</add> bad<lb/><add><del>case</del> bad enough</add> where these hasty invalidations are created <del>by</del> [with<lb/>notice] in the way of statute law: when <del> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Indirect
Corpus delicti
unnecessary invalidation of deeds and other legal documents have been unnecessarily
invalidated for more injustice hardship perhaps has been done created
upon the whole than has been prevented. It is a bad
case bad enough where these hasty invalidations are created by [with
notice] in the way of statute law: when done created
in the way of common law it is much still worse. A man
is ruined for want of conforming to an arbitrary
standard which, till the time of trial came, had
no existence so much as in the mind of the Judge
who set it up. [This however is the way in which a great
part of the customary law in every country has
always been put together: more especially of the English
law in which this sort of caprice seems to have born
a more than ordinary sway].
If any failure in point of formality might
to be made a ground of invalidation it should be such
an one as regards a very simple point, such as
the number of attesting witnesses, about which it was
next to impossible [there should be any mistake] any
misapprehension should take place: and even here great
care should be taken that the formalities thus made requisite
were such as a man would always be sure to have it in
his power to observe: otherwise to provide an in the alternative
another which might be observed instead of it.
It
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Identifier: | JB/087/152/003"JB/" can not be assigned to a declared number type with value 87. |
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087 |
indirect legislation |
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152 |
indirect |
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003 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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27677 |
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