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thus looked upon as innocent had been so in | thus looked upon as innocent had been so in | ||
<sic>reallity</sic>.—</p> | <sic>reallity</sic>.—</p> | ||
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<p>In the same <add>way</add> <del><gap/></del> <foreign>mutatis murandis</foreign><lb/> | |||
the distinction between real and apparent<lb/> | |||
justice may be applied to the civil or say non<lb/> | |||
penal branch or procedure. The <del>distinct</del> distinction<lb/> | |||
being thus explained & <unclear>shewn</unclear> to be<lb/> | |||
conceivable it remains now <del><unclear>to them the view of</unclear></del><lb/> | |||
<del>it</del> to bring to view by way of example a case<lb/> | |||
or a few cases in which it is realized and<lb/> | |||
from <gap/> to <unclear>shew what</unclear> however will appear<lb/> | |||
pretty clearly without much <unclear>shewing</unclear> the importance<lb/> | |||
& utility of this distinction in practice.— | |||
''This Page Has Not Been Transcribed Yet''</p> | |||
Click Here To Edit 21 Nov 1802 4 Procedure - Ends Apparent
Suppose on the other hand the party accused
is really guilty of the offence a decision is given
pronouncing him so & he suffers accordingly:
the decision is by the in this came/case by the wrong/very
supposition conformable to real justice but
if it be conformable to apparent justice
in other words according to universal persuasion
the man is believed looked upon as
not guilty a mischief of the second order &
produced a alarm & that alarm by the
supposition is as strong as if the party
thus looked upon as innocent had been so in
reallity.—
In the same way mutatis murandis
the distinction between real and apparent
justice may be applied to the civil or say non
penal branch or procedure. The distinct distinction
being thus explained & shewn to be
conceivable it remains now to them the view of
it to bring to view by way of example a case
or a few cases in which it is realized and
from to shew what however will appear
pretty clearly without much shewing the importance
& utility of this distinction in practice.—
This Page Has Not Been Transcribed Yet
Identifier: | JB/052/004/001"JB/" can not be assigned to a declared number type with value 52. |
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1802-11-21 |
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052 |
procedure code |
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004 |
procedure - ends |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d4 |
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john herbert koe |
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16677 |
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