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<p>1828 May 18<lb/> | |||
<!-- pencil --><head>Law Amendment or Penal Code</head></p> | |||
<p>With respect to this same imitation principle, <del>two<lb/> | |||
things</del> and the applications made of it to Judge-made law<lb/> | |||
two things call for observation.</p> | |||
<p>1. <del>In the first place that</del> <add>That in its origin</add> the existence of it was a<lb/> | |||
great <add>signal</add> improvement, and a great blessing to mankind.</p> | |||
<p>2. That at present it is as signal a nuisance<lb/> | |||
and a curse.</p> | |||
<p>1. <del>It was an improvement therefore</del> Antecedently to<lb/> | |||
the announcement <del>and</del> development and application of the<lb/> | |||
greatest happiness principle it was at the same time a<lb/> | |||
guide to the Judge, a bridle to the Judge, and a direction<lb/> | |||
put to individuals in the character of <del>pot</del> <add>actual or</add> potential suitors<lb/> | |||
or say <unclear>Judgeables</unclear>. Imperfect as <del>was the instrument</del> in<lb/> | |||
every one of those several capacities was this instrument<lb/> | |||
in every one of them it was better than none.</p> | |||
<p>By an uncorrupted Judge it would naturally be<lb/> | |||
resorted to, as saving him more or less of the labour of<lb/> | |||
thought, and <add>in</add> this would be its principal use. For by how<lb/> | |||
much so ever too common uncorruption in in Judges has<lb/> | |||
at all times and in all places and at all <unclear>limits</unclear> been<lb/> | |||
by far more <del><gap/></del> frequently exemplified that corruption<lb/> | |||
just as even on the part of the most abandoned of <gap/><lb/> | |||
<del><gap/> English</del> lawyer <add>of the English School</add> acting as such excepted verily in<lb/> | |||
<del><gap/></del> statement <del>how</del> is more frequently exemplified<lb/> | |||
than <del><gap/></del> wilful falshood or in a word than mendacity.</p> | |||
<p>But, in proportion as in one shape or other, by one<lb/> | |||
means or other the memory of <add>the</add> judicial proceedings of <gap/><lb/> | |||
<gap/> have come to have been preserved and referred to, those<lb/> | |||
same decisions have come to perform the office of a bridle.<lb/> | |||
<gap/> is an anterior case says the Advocate <del>of an</del> of the <gap/><lb/> | |||
on one side (suppose the Plaintiff) exactly like the present, follow the<lb/> | |||
example set by this case<lb/> | |||
no blame can attach upon<lb/> | |||
you. But if <del>you depart</del><lb/> | |||
without adequate reason<lb/> | |||
you depart from it and<lb/> | |||
no such reason can you<lb/> | |||
find think what will be<lb/> | |||
said of you: think whether some improper motive will not be imputed to you for to act in contradiction to an opinion which is the object of general,<hi rend="superscript">⊞</hi><lb/> | |||
<hi rend="superscript">⊞</hi> and this without reason assigned,<lb/> | |||
is not in human nature.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1828 May 18
Law Amendment or Penal Code
With respect to this same imitation principle, two
things and the applications made of it to Judge-made law
two things call for observation.
1. In the first place that That in its origin the existence of it was a
great signal improvement, and a great blessing to mankind.
2. That at present it is as signal a nuisance
and a curse.
1. It was an improvement therefore Antecedently to
the announcement and development and application of the
greatest happiness principle it was at the same time a
guide to the Judge, a bridle to the Judge, and a direction
put to individuals in the character of pot actual or potential suitors
or say Judgeables. Imperfect as was the instrument in
every one of those several capacities was this instrument
in every one of them it was better than none.
By an uncorrupted Judge it would naturally be
resorted to, as saving him more or less of the labour of
thought, and in this would be its principal use. For by how
much so ever too common uncorruption in in Judges has
at all times and in all places and at all limits been
by far more frequently exemplified that corruption
just as even on the part of the most abandoned of
English lawyer of the English School acting as such excepted verily in
statement how is more frequently exemplified
than wilful falshood or in a word than mendacity.
But, in proportion as in one shape or other, by one
means or other the memory of the judicial proceedings of
have come to have been preserved and referred to, those
same decisions have come to perform the office of a bridle.
is an anterior case says the Advocate of an of the
on one side (suppose the Plaintiff) exactly like the present, follow the
example set by this case
no blame can attach upon
you. But if you depart
without adequate reason
you depart from it and
no such reason can you
find think what will be
said of you: think whether some improper motive will not be imputed to you for to act in contradiction to an opinion which is the object of general,⊞
⊞ and this without reason assigned,
is not in human nature.
Identifier: | JB/068/104/001"JB/" can not be assigned to a declared number type with value 68. |
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1828-05-18 |
11-14 |
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068 |
law amendment; penal code |
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104 |
law amendment or penal code |
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001 |
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text sheet |
1 |
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recto |
c2 / d6 / e2 |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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22299 |
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