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<head>Certainty. <foreign>Stare Decisis</foreign></head> | <head>Certainty. <foreign>Stare Decisis</foreign></head> | ||
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/> 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> | <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 too voluminous every thing that was <hi rend='underline'>general</hi> might be <gap/> & enacted into Laws <del>every</del> the rest prohibited to be <gap/> or taken any notice of In process of Time which end <gap/> must be very distant from the present every thing that was general might be exhausted & the Code of Laws become <sic>compleat</sic> no matter how voluminous <del>that</del> work should be <unclear>seen</unclear> it would be the only work & the perplexity of follow <add><unclear>grasping</unclear></add> particular cases would be at an end - were it ever to amount to <unclear>100</unclear> <add>well fitted</add> folios and unhappily the number</p> | |||
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 & enacted into Laws every the rest prohibited to be or taken any notice of In process of 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 & 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
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Identifier: | JB/050/124/001"JB/" can not be assigned to a declared number type with value 50. |
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procedure code |
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124 |
certainty stare decisis |
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jeremy bentham |
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