JB/031/096/001

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1828 Aug. 9
Blackstone

Preface
(5)

In case of precedents if
functionary has a particular
interest, his decision
will be regulated by it. But
if imitating functionary
situated like imitated, then
in so far as he acts like his predecessor,
he pursues line of
Conduct recommended by his
interest, & this without
scandal.

In the case of the alleged precedent, on every occasion
on which he has seen or supposed his interest — his personal
or other private particular interest to be to have connection in the business at stake, the ruling functionary
will of course, in so far as self-regarding prudence has given
allowance, been, in the shaping of his decisions, determined
and regulated by that same same particular interest. But
by the supposition the situation of the functionary thus imitating
is th with little or no difference the same with that
of the functionary thus imitated. In so far as this
is the case, by pursuing the line of conduct so pursued by
his predecessor, he will be pursuing the line of conduct
recommended by him by his own interest: and this law
without scandal — because without being seen to do so.

Interest of all Judge to
get maximum of power.

One great and widely comprehensive interest is common
to every man in the situation of Judge. — the interest which he
has in giving to his own power the maximum of encrease.
Thus it is that in pursing the imitation principle or
say precedent-pursing principle the every Judge pursues the
track, commonly pointed out to him by his interest in all imaginable
shapes over and over that of t which corresponds
to love of case.

By pursuing track of his
predecessor, without relying
on his own judgment, judge
gets praise for humility &
modesty. On such occasion
he brings song of eulogy —
praise on individual is do
in situation which he now
holds, if object of admiration
to learned, much more
to unlearned.

By pursuing the course so traced out by his predecessor
or predecessors — and this too without so much as a thought
of relying on his own judgment for his guidance, the
Judge gives himself the praise of humility and modesty.

On an occasion of this sort, he never no Judge ever fails to sing the
song of eulogy in praise of the great and preeminently learned
man whose course he finds himself by any of its abovementioned
considerations determined to pursue. This tribute
of applause can never be too profuse. Given Plead to the individual
it is given plead at the same time to the situation occupied by the
individual. But the situation as ocupied by the party thus praised, is
moreover
moreover the situation
occupied by the party
so thus bestowing praise.
But if one such a
degree objects of admiration
to the learned,
in what degree must
not they be so to the unlearned:
and thus it is that by a set of men then whom few indeed have been so little deserving of admiration, more of that so highly desirable article has hitherto been
enjoyed than perhaps by any other.

Identifier: | JB/031/096/001"JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-09	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	096	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9782
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