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<head>CERTAINTY. <!-- white space -->STAKE DECISIS.</head> | <head>CERTAINTY. <!-- white space -->STAKE DECISIS.</head> | ||
< | <head>1</head><lb/> | ||
<p>This baneful <sic>practise</sic> had <sic>it's</sic> root in that <del><gap/></del> | |||
<lb/> | <lb/> | ||
vague and inaccurate <sic>stile</sic> of Legislation [which | vague and inaccurate <sic>stile</sic> of Legislation [which | ||
<lb/> | <lb/> | ||
was] the best which the | was] the best which the barbarism <add>pecipation<add>itancy</add></add> and ignorance | ||
<lb/> | <lb/> | ||
of the times would afford., <del>which scarce ever</del> < | of the times would afford., <del>which scarce ever</del> <del><add>almost always</add></del> | ||
<lb/> | <lb/> | ||
<del> | <del>failed to</del> | ||
<add><add>fell either</add></add> <del>short of or beyond or beside what it</del<del>><add>was more or less than | |||
or fell short of</add></del><lb/> | |||
<del>meant to express; and the consequent necessity</del><lb/> | |||
<del>in which the Judges found themselves, of to prune</del> | |||
<lb/> | <lb/> | ||
<del | <del>to graft & to transplant.</del> | ||
to graft | |||
<lb/></p> | <lb/></p> | ||
Line 31: | Line 32: | ||
beside the Idea which it meant to convey: | beside the Idea which it meant to convey: | ||
<lb/> | <lb/> | ||
The Judges were therefore as | The Judges were therefore as constantly called upon | ||
<lb/> | <lb/> | ||
to cut off to change , & to piece on. | to cut off to change , & to piece on. | ||
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<head>2</head> | <head>2</head> | ||
The Sessions of the Legislative power were to all<lb/> parties irksome & <add>precarious</add> unfrequent - it's communication with the Judicial broken & unfrequent | |||
The ... (if not rather the misfortune to be lamented) | |||
therefore | |||
To speak truly, <add>therefore</add> this <add>the</add> vice [must needs have been causal with or rather anterior to its opposite virtue. | |||
<note>The Judges <add>Lawyers who ...</add> <add>entrusted with this</add> <lb/> | |||
shewed the little learning<lb/> | |||
that was then abroad<lb/> | |||
in <del>larger</del> <add>a</add> proportion<lb/>somewhat larger than<lb/> | |||
the ... &<lb/> ignorant | |||
who framed them<lb/>and had the advantage<lb/>of having <del>instances</del> <add>incidents</add><lb/>come <add>by degrees</add> under their cogn. The<lb/>... which the parties <lb/>... by Law ... not have in <lb/>others [had never] in <lb/>comtemplation.</note> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
under construction ...
CERTAINTY. STAKE DECISIS.
1
This baneful practise had it's root in that
vague and inaccurate stile of Legislation [which
was] the best which the barbarism pecipation<add>itancy</add> and ignorance
of the times would afford., which scarce ever almost always
failed to
<add>fell either</add> short of or beyond or beside what it</del>was more or less than
or fell short of
meant to express; and the consequent necessity
in which the Judges found themselves, of to prune
to graft & to transplant.
3
The expressions of the Law were almost
always either larger , or more narrower than , or
beside the Idea which it meant to convey:
The Judges were therefore as constantly called upon
to cut off to change , & to piece on.
2
The Sessions of the Legislative power were to all
parties irksome & precarious unfrequent - it's communication with the Judicial broken & unfrequent
The ... (if not rather the misfortune to be lamented)
therefore
To speak truly, therefore this the vice [must needs have been causal with or rather anterior to its opposite virtue.
The Judges Lawyers who ... entrusted with this
shewed the little learning
that was then abroad
in larger a proportion
somewhat larger than
the ... &
ignorant
who framed them
and had the advantage
of having instances incidents
come by degrees under their cogn. The
... which the parties
... by Law ... not have in
others [had never] in
comtemplation.
Identifier: | JB/050/126/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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126 |
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 |
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16117 |
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