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<p><!-- pencil -->1 March 1807</p>
''This Page Has Not Been Transcribed Yet''
<p><del>The</del> Of the faculty of recourse from an inferior to a<lb/>
 
superior judicature one use, as already stated, is the<lb/>
 
maintenance of uniformity in the rule of action.</p>
 
<p>But to the purpose <del>it</del> taken by itself, it is far<lb/>
from being sufficient.</p>
<p>From <add>By</add> uniformity in the rule of action security<lb/>
on the part of the people can not <add>as already intimated</add> be provided for, any<lb/>
further than as <del>that</del> the existence and nature of that rule<lb/>
is matter of notoriety:  and every where the notoriety of the<lb/>
rule of action is left to chance.</p>
<p>But supposing even that in respect of certainty<lb/>
and notoriety of the law matters were brought to <unclear>perfection</unclear><lb/>
still this would not be sufficient <add>suffice</add>.</p>
<p>In each <del>case</del> individual case, whether <add>in case of misdecision</add> appeal shall<lb/>
take place or no – depends not merely upon the existence<lb/>
of misdecision – <del>not</del> nor yet merely upon the existence<lb/>
of that mishap and <add>coupled</add> on the part of the individual prejudiced<lb/>
by it <add>with</add> the pursuance of its existence, but in the concurrence<lb/>
on his part, of the power and effectual will to <del>pr</del> institute<lb/>
and prosecute that mode of recourse <add>complaint</add>.</p>
<p>But under the load <add>mass</add> of factitious vexation and expence<lb/>
with which the chance of obtaining relief in this <gap/> has <add>stands</add><lb/>
been loaded <del>in a <gap/> larger there is no saying how large</del> <add>of this number of instances in which misdecision</add><lb/>
<del>a part</del> having taken place correction in case of appeal would<lb/>
also have taken place, it is but <add>in</add> a part – and there is no<lb/>
saying what or how small a part that the appeal has actually<lb/>
been made, that the correction has been made – that the uniformity in question has been maintained.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 15:54, 18 March 2022

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1 March 1807

The Of the faculty of recourse from an inferior to a
superior judicature one use, as already stated, is the
maintenance of uniformity in the rule of action.

But to the purpose it taken by itself, it is far
from being sufficient.

From By uniformity in the rule of action security
on the part of the people can not as already intimated be provided for, any
further than as that the existence and nature of that rule
is matter of notoriety: and every where the notoriety of the
rule of action is left to chance.

But supposing even that in respect of certainty
and notoriety of the law matters were brought to perfection
still this would not be sufficient suffice.

In each case individual case, whether in case of misdecision appeal shall
take place or no – depends not merely upon the existence
of misdecision – not nor yet merely upon the existence
of that mishap and coupled on the part of the individual prejudiced
by it with the pursuance of its existence, but in the concurrence
on his part, of the power and effectual will to pr institute
and prosecute that mode of recourse complaint.

But under the load mass of factitious vexation and expence
with which the chance of obtaining relief in this has stands
been loaded in a larger there is no saying how large of this number of instances in which misdecision
a part having taken place correction in case of appeal would
also have taken place, it is but in a part – and there is no
saying what or how small a part that the appeal has actually
been made, that the correction has been made – that the uniformity in question has been maintained.


Identifier: | JB/106/094/001"JB/" can not be assigned to a declared number type with value 106.

Date_1

1807-03-01

Marginal Summary Numbering

28-30

Box

106

Main Headings

scotch reform

Folio number

094

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e10

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

34682

Box Contents

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