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21 Nov 1802< | <p>21 Nov 1802</p> <note>2</note> | ||
<head>Procedure — Ends</head> <note>apparent</note> | <head>Procedure — Ends</head> <note>apparent</note> | ||
<p>It being established that the proper and | <p>It being established that the proper and &<lb/> | ||
object of the system of procedure is to render<lb/> | object of the system of procedure is to render<lb/> | ||
justice as above explained <add>the justice that</add> will naturally<lb/> | justice as above explained <add>the justice that</add> <del>it</del> will naturally<lb/> | ||
be understood as that the rendering of which is<lb/> | be understood as that the rendering of which is<lb/> | ||
the end or object thus <del><gap/> spoken</del> spoken of<lb/> | the end or object thus <del><gap/> spoken</del> spoken of<lb/> | ||
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that the course taken shall be what really is<lb/> | that the course taken shall be what really is<lb/> | ||
conformable to the indication given by the<lb/> | conformable to the indication given by the<lb/> | ||
correspondent | correspondent portion of substantive law in<lb/> | ||
contradiction to what is <unclear>then</unclear> to be a difference<lb/> | contradiction to what is <unclear>then</unclear> to be a difference<lb/> | ||
is in appearance and but in appearance <unclear>then</unclear><lb/> | is in appearance and but in appearance <unclear>then</unclear><lb/> | ||
conformable.— | conformable.—</p> | ||
</p> | |||
<p>The distinction thus made wears the<lb/> | <p>The distinction thus made wears the<lb/> | ||
appearance of subtlety and even useless subtlety<lb/> | appearance of subtlety and even useless subtlety<lb/> | ||
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being explained be shown to be in more points<lb/> | being explained be shown to be in more points<lb/> | ||
of view than one of very considerable importance<lb/> | of view than one of very considerable importance<lb/> | ||
with reference to practice. — | with reference to practice. —</p> | ||
</p> | |||
<p>It will be <del>seen</del> seen in the first place that<lb/> | <p>It will be <del>seen</del> seen in the first place that<lb/> | ||
between real or abstract justice & apparent<lb/> | between real or abstract justice & apparent<lb/> | ||
justice there is in many cases a very palpable<lb/> | justice there is in many cases a very palpable<lb/> | ||
difference in the next place than when they<lb/> | |||
fail of <unclear> | fail of <unclear>considering</unclear> it is rather apparent justice<lb/> | ||
than real and abstract justice that is the <unclear>direct</unclear><lb/> | than real and abstract justice that is the <unclear>direct</unclear><lb/> | ||
<del>& <gap/></del> <gap/> immediately important object<lb/> | <del>& <gap/></del> <gap/> immediately important object<lb/> | ||
21 Nov 1802
2
Procedure — Ends apparent
It being established that the proper and &
object of the system of procedure is to render
justice as above explained the justice that it will naturally
be understood as that the rendering of which is
the end or object thus spoken spoken of
is the real jus justice of the case real
justice that which is such in contradiction
to whatever else may appear to be such: real
or apparent justice in the words as before
that the course taken shall be what really is
conformable to the indication given by the
correspondent portion of substantive law in
contradiction to what is then to be a difference
is in appearance and but in appearance then
conformable.—
The distinction thus made wears the
appearance of subtlety and even useless subtlety
but in law applied to practice it will thus tends
being explained be shown to be in more points
of view than one of very considerable importance
with reference to practice. —
It will be seen seen in the first place that
between real or abstract justice & apparent
justice there is in many cases a very palpable
difference in the next place than when they
fail of considering it is rather apparent justice
than real and abstract justice that is the direct
& immediately important object
of the system of procedure
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Identifier: | JB/052/002/001"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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002 |
procedure - ends |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d2 |
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john herbert koe |
1800 |
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|
1800 |
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16675 |
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