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'' | <p>Per Lord Cambden "<hi rend='underline'>Discretion the law</hi><lb/> | ||
<hi rend='underline'>of Tyrants</hi>." The strongest attachment<lb/> | |||
to arbitrary judicial power not<lb/> | |||
disproved by this.</p> | |||
<p>It being therefore the rule of every<lb/> | |||
Judge and of every lawyer to whom it<lb/> | |||
can be matter of expectation to see either<lb/> | |||
himself or any friend of his in the<lb/> | |||
station of Judge; it being thus the<lb/> | |||
interest that the power of Judges should<lb/> | |||
to the greatest extent possible be as<lb/> | |||
arbitrary that is as completely out of<lb/> | |||
the reach of all checks as possible, if<lb/> | |||
by any lawyer any opinion be ever seen<lb/> | |||
to have been given the effect of which<lb/> | |||
is to represent arbitrary power in such<lb/> | |||
hands, as a fit object of jealousy and<lb/> | |||
a fit subject for retrenchment, such<lb/> | |||
declared opinion would be seen to be<lb/> | |||
delivered in opposition to the professional<lb/> | |||
and thence to the personal interest<lb/> | |||
of such Judge and on that account to be<lb/> | |||
so much the less likely to be insincere that<lb/> | |||
is opposite to his real one.</p> | |||
Per Lord Cambden "Discretion the law
of Tyrants." The strongest attachment
to arbitrary judicial power not
disproved by this.
It being therefore the rule of every
Judge and of every lawyer to whom it
can be matter of expectation to see either
himself or any friend of his in the
station of Judge; it being thus the
interest that the power of Judges should
to the greatest extent possible be as
arbitrary that is as completely out of
the reach of all checks as possible, if
by any lawyer any opinion be ever seen
to have been given the effect of which
is to represent arbitrary power in such
hands, as a fit object of jealousy and
a fit subject for retrenchment, such
declared opinion would be seen to be
delivered in opposition to the professional
and thence to the personal interest
of such Judge and on that account to be
so much the less likely to be insincere that
is opposite to his real one.
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Identifier: | JB/107/339/001"JB/" can not be assigned to a declared number type with value 107. |
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107 |
law versus arbitrary power (a hatchet for dr paley's net) |
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339 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
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[[watermarks::[simplified hanoverian royal arms] 1821]] |
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1821 |
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35330 |
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