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<p><!-- pencil -->1 March 1870</p> | |||
<p>☞ After a few intermediate explanations proceed thus<lb/> | |||
☞ Thus moreover how want of uniformity when in so far as clear of the abuse<lb/> | |||
evils or no evil. Borough English & <unclear>Gavilland</unclear> no evils, d<hi rend="superscript">o.</hi> difference between English & Scotch law</p> | |||
<p>Thus it is, that of non-notoriety of the rule <add>law</add> of action<lb/> | |||
were no evil, uncertainty of the law would be no evil, and<lb/> | |||
if non-notoriety and uncertainty of the law were no evils<lb/> | |||
want of uniformity <del>as</del> between <add>one</add> judicial decision and<lb/> | |||
another on the part of the same Court or on the part<lb/> | |||
of different courts would be no evil.</p> | |||
<p>An advantage <add>far</add> superior to that of uniformity of decision<lb/> | |||
a duty <add>the operative function</add> far superior in importance to that of security uniformity<lb/> | |||
between decision and <unclear>decisions</unclear>, is that of giving to the<lb/> | |||
rule of action <del>of</del> whatever certainty and whatever notoriety<lb/> | |||
it is susceptible of.</p> | |||
<p>But to be generally known, the rule of action must<lb/> | |||
in the first place be certain and determinate. It must<lb/> | |||
have been consigned to a determinate assemblage of words, recognized<lb/> | |||
as constituting the expression of it: in a word it must<lb/> | |||
present itself to the people in the form of statutory, not jurisprudential<lb/> | |||
law: in the form of real not of sham <add>imaginary</add> law.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1 March 1870
☞ After a few intermediate explanations proceed thus
☞ Thus moreover how want of uniformity when in so far as clear of the abuse
evils or no evil. Borough English & Gavilland no evils, do. difference between English & Scotch law
Thus it is, that of non-notoriety of the rule law of action
were no evil, uncertainty of the law would be no evil, and
if non-notoriety and uncertainty of the law were no evils
want of uniformity as between one judicial decision and
another on the part of the same Court or on the part
of different courts would be no evil.
An advantage far superior to that of uniformity of decision
a duty the operative function far superior in importance to that of security uniformity
between decision and decisions, is that of giving to the
rule of action of whatever certainty and whatever notoriety
it is susceptible of.
But to be generally known, the rule of action must
in the first place be certain and determinate. It must
have been consigned to a determinate assemblage of words, recognized
as constituting the expression of it: in a word it must
present itself to the people in the form of statutory, not jurisprudential
law: in the form of real not of sham imaginary law.
Identifier: | JB/106/093/001"JB/" can not be assigned to a declared number type with value 106. |
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1807-03-01 |
25-27 |
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106 |
scotch reform |
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093 |
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001 |
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text sheet |
1 |
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recto |
e9 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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34681 |
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