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supposition conformable to real justice but<lb/> | supposition conformable to real justice but<lb/> | ||
if it be unconformable to apparent justice<lb/> | if it be unconformable to apparent justice<lb/> | ||
in other words | in other words if according to universal persuasion<lb/> | ||
the man is <del>believed</del> looked upon as <lb/> | the man is <del>believed</del> looked upon as <lb/> | ||
not guilty a mischief of the second order &<lb/> | not guilty a mischief of the second order &<lb/> |
Click Here To Edit 21 Nov 1802 4 Procedure - Ends Apparent
Suppose on the other hand the party accused
is really guilty of the offence a decision is given
pronouncing him so & he suffers accordingly:
the decision is by the in this came/case by the wrong/very
supposition conformable to real justice but
if it be unconformable to apparent justice
in other words if according to universal persuasion
the man is believed looked upon as
not guilty a mischief of the second order &
produced a alarm & that alarm by the
supposition is as strong as if the party
thus looked upon as innocent had been so in
reallity.—
In the same way mutatis murandis
the distinction between real and apparent
justice may be applied to the civil or say non
penal branch or procedure. The distinct distinction
being thus explained & shewn to be
conceivable it remains now to them the view of
it to bring to view by way of example a case
or a few cases in which it is realized and
from to shew what however will/evils appear
pretty clearly without much shewing the importance
& utility of this distinction in practice.—
When having been prosecuted a man who
in the general estimation of the public appears to
have been guilty is acquitted by the observation of
such acquittal such impunity as in that can is
said to be man manifested by it a mischief
of the second order an alarm at any rate is produced
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Identifier: | JB/052/004/001"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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004 |
procedure - ends |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d4 |
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john herbert koe |
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16677 |
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