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<p>Where the subject of the decision is the point in question of<lb/> | <p>Where the subject of the decision is the point in question of<lb/> | ||
<del>fact merely, it</del><add>fact merely <del>more</del> in this case be the state of the law over so uncertain and | <del>fact merely, it</del><add>fact merely <del>more</del> in this case be the state of the law over so uncertain and uncognoscible, it</add> admitts of an ever changing Judge or set of <lb/> | ||
Judges: such for example as an English Jury. In this case<lb/> | Judges: such for example as an English Jury. In this case<lb/> | ||
the mischief of misdecision is comparatively slight:<add>light:</add> <del>yesterday</del><lb/> | the mischief of misdecision is comparatively slight:<add>light:</add> <del>yesterday</del><lb/> | ||
Line 24: | Line 24: | ||
the misdecision operates. <del>Yesterday</del><add>Go back a day</add>, in such or such a cause, <lb/> | the misdecision operates. <del>Yesterday</del><add>Go back a day</add>, in such or such a cause, <lb/> | ||
a Jury gave <del>an unjust</del><add>their</add> verdict. The verdict was unjust, <lb/> | a Jury gave <del>an unjust</del><add>their</add> verdict. The verdict was unjust, <lb/> | ||
and in that sort of | and in that sort of case which exists to no small extent,<lb/> | ||
in which a new trial could not be granted. So much the<lb/> | in which a new trial could not be granted. So much the<lb/> | ||
worse: but however there ends the mischief; at any rate so far <lb/> | worse: but however there ends the mischief; at any rate so far <lb/> | ||
as | as that set of changeable judges is concerned: for the same set<lb/> | ||
will not meet a second time.</p><pb/> | will not meet a second time.</p><pb/> | ||
Feb 7 1807
MisdecisiThe articles of misdecision Prevention of mis-decision and prevention
maintenance of uniformity require ulterior consideration.
In regard to misdecision, the mischief of it differsdiffers is
materially, varied by the differencewhatever be the cause or object of demand according to the nature of
the subject of decision. i.e. according as it is the pointmatter of
kind in the pointmatter of fact: the mischief, and thereupon accordingly
the remedy: the mischief viz. in respect of
the remedy which it admitts of in the one case and act
in the other.
Where the subject of the decision is the point in question of
fact merely, itfact merely more in this case be the state of the law over so uncertain and uncognoscible, it admitts of an ever changing Judge or set of
Judges: such for example as an English Jury. In this case
the mischief of misdecision is comparatively slight:light: yesterday
the suffering extends not beyond the individual, or at mass beyond
the work of the conscience of the individual, to whose prejudice
the misdecision operates. YesterdayGo back a day, in such or such a cause,
a Jury gave an unjusttheir verdict. The verdict was unjust,
and in that sort of case which exists to no small extent,
in which a new trial could not be granted. So much the
worse: but however there ends the mischief; at any rate so far
as that set of changeable judges is concerned: for the same set
will not meet a second time.
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Identifier: | JB/106/086/001"JB/" can not be assigned to a declared number type with value 106. |
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1807-02 |
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scotch reform |
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086 |
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001 |
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recto |
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jeremy bentham |
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34674 |
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