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'' | <head>Certainty. <foreign>Stare Decisis</foreign></head> | ||
<p>There are two <add>2</add> reasons for the utility of this maxim<lb/> The one is 1<hi rend='superscript'>st</hi> the check to the Judges<lb/> <note>The check to Judges by this means would be still more striking <add>visible</add> & uniform, as no weakness or partiality would <unclear>flatter</unclear> itself with <unclear>this</unclear> hope it be hazarded under the cover <add>obscurity</add> cover of obscurity </note> The other 2<hi rend='superscript'>nd</hi> that men <add>are subject</add> may have a certain <gap/><lb/> to guide them & know what they have to expect<lb/> <unclear>For</unclear> to the first <del>that</del> together with the <sic>independency</sic><lb/> of the Judges that we owe that purity in the Administration <lb/>of Justice <add>carried to that degree of perfection in which we see it</add> of which, this Country <add>perhaps</add> affords an<lb/> instance entirely singular in the world.</p> | |||
<p>The latter is very much weakened from the <add>that</add> unaccountable<lb/> neglect in which the decisions are suffered to<lb/> remain as soon as pronounced <add>perhaps</add> <sic>equalled</sic> <add>by nothing but</add> to [the care &]<lb/> anxious <add>cautious</add> integrity with which they are formed</p> <pb/> | |||
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<p>once in a Century when<lb/> too voluminous every thing<lb/> that was <hi rend='underline'>general</hi> might<lb/> be <unclear>extracted</unclear> & enacted<lb/> into Laws <del>every</del> the<lb/> rest prohibited to be <gap/><lb/> or taken any notice of<lb/> In process of Time this <lb/> at a time which end <gap/><lb/> must be very distant from<lb/> the present every thing<lb/> that was general might<lb/> be exhausted & the Code<lb/> of Laws become <sic>compleat</sic><lb/> no matter how voluminous<lb/> <del>that</del> work should be <unclear>seen</unclear><lb/> it would be the only work<lb/> of the perplexity of follow <add><unclear>grasping</unclear></add> particular<lb/> cases would be at an end - were it ever<lb/> to amount to 100 <add>well fitted</add> folios<lb/> and unhappily the number</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
Certainty. Stare Decisis
There are two 2 reasons for the utility of this maxim
The one is 1st the check to the Judges
The check to Judges by this means would be still more striking visible & uniform, as no weakness or partiality would flatter itself with this hope it be hazarded under the cover obscurity cover of obscurity The other 2nd that men are subject may have a certain
to guide them & know what they have to expect
For to the first that together with the independency
of the Judges that we owe that purity in the Administration
of Justice carried to that degree of perfection in which we see it of which, this Country perhaps affords an
instance entirely singular in the world.
The latter is very much weakened from the that unaccountable
neglect in which the decisions are suffered to
remain as soon as pronounced perhaps equalled by nothing but to [the care &]
anxious cautious integrity with which they are formed
---page break---
once in a Century when
too voluminous every thing
that was general might
be extracted & enacted
into Laws every the
rest prohibited to be
or taken any notice of
In process of Time this
at a time which end
must be very distant from
the present every thing
that was general might
be exhausted & the Code
of Laws become compleat
no matter how voluminous
that work should be seen
it would be the only work
of the perplexity of follow grasping particular
cases would be at an end - were it ever
to amount to 100 well fitted folios
and unhappily the number
Identifier: | JB/050/124/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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124 |
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 |
jw |
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16115 |
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