JB/106/131/001

Click Here To Edit

7 March 1807
Judicial Justice
10

In the above cases the error error in which the misdecision
consists, is or may be the in favour of one side only: for in
purely and simply in disfavour of the other side.

But misdecision is capable of being compound and
reciprocal. It then consists of two errors one in favour
of one side, the other in favour of the other: each error
therefore to the extent of the least of the two, if they are unequal
operating in compensation of the other: as if Blackacre
be adjudged to the Plaintiff instead of Whiteacre. Here,
considered in a logical point of view, the error is always
double which is considered: but in a pathological point of view it may
be no error at all: such is actually the case of the value
if Blackacre and Whiteacre be to both parties exactly
the same.

The logical point of view is the only point in which a
subject of this sort is considered contemplated willingly by the English lawyer Judge.
To the idea of error is are associated in his mind the practice of nullification,
and the receipt of fees. One makes the error,
another or the same receives the fees for it.

The pathological point of view is that in which, pro
virili, he avoids seeing it: fees depend upon are produced by the absence
of feeling, as well as by the absence of reason, and it is convenient to him to have no feeling none
himself, as well as to do and to act by others as if they had none.

Identifier: | JB/106/131/001"JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-07	Marginal Summary Numbering	20-21
Box	106	Main Headings	scotch reform
Folio number	131	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e10
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34719
Box Contents