★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 18: | Line 18: | ||
are so narrow as not <add>scarce</add> to take in any more <add>others</add> than the <gap/> case on the <unclear>occasion</unclear> <add>of</add><add>which occasioned <gap/></add><lb/> which they were <unclear>promised</unclear>. This as to the <del>arbitrary | are so narrow as not <add>scarce</add> to take in any more <add>others</add> than the <gap/> case on the <unclear>occasion</unclear> <add>of</add><add>which occasioned <gap/></add><lb/> which they were <unclear>promised</unclear>. This as to the <del>arbitrary | ||
<unclear><sic>lawer</sic></unclear> it gives to the judge</del>, is <add><gap/> it gives to <gap/> may become </add> <lb/> | <unclear><sic>lawer</sic></unclear> it gives to the judge</del>, is <add><gap/> it gives to <gap/> may become </add> <lb/> | ||
tantamount to the <add> <sic>lawer</sic> of</add> determination of the matter of fact <unclear>superadded</unclear> to that of law. <lb/> | |||
</p> | |||
<p>The <del>lower of the</del> <gap/> <add>share taken by <unclear>this</unclear></add> in this complex decision secures [to fit <add>its</add> exception among <add><unclear>with</unclear></add><lb/> | |||
the people — The <unclear>forensic</unclear> definitive <sic>lawer</sic> of the legislation] <add>legislative definition<add>declaration</add> according to which it is framed <add>whereby it is <unclear>guided</unclear></add></add> [supported where <del>def</del> <add> <sic>dificient</sic> </add> <lb/> | |||
by the judges, <add>Court</add> it's uniformity with the rest of this <gap/> <gap/>: it's <del><gap/></del> <add>relation</add> ability; <unclear>th</unclear> <!-- This word is cut off at the edge of the page --> <lb/> | |||
<sic>lawer</sic> of the <unclear>Judges</unclear> of setting it aside by sending the question to be referred, it's <add>particular</add> <!-- The original "p" from the start of the word "particular" is still visible at the edge of the manuscript, but has been crossed out. --> <lb/> | |||
utility. <add> <gap/> </add> <lb/> | |||
<!-- There is a fold or crease across the manuscript at this point. --> | |||
</p> | </p> | ||
CERTAINTY. PROCEDURE. LAW & FACT.
It is right of advantage that the power of deciding on questions of law, of the power of deciding on
the question of fact, should be in separate hands: if those two powers are comfor
in the hands of those to whom the latter power alone properly belongs
If in the hands of those to whom former appertains also restraint is gone which
in the that the law declared against this or that man merit law
against all other and .
What verges towards this inconvenience is the latest of too minute generalistations axiomatication
stretching the of law too far, whereby it happens that the rules laid down
are so narrow as not scarce to take in any more others than the case on the occasion ofwhich occasioned
which they were promised. This as to the arbitrary
lawer it gives to the judge, is it gives to may become
tantamount to the lawer of determination of the matter of fact superadded to that of law.
The lower of the share taken by this in this complex decision secures [to fit its exception among with
the people — The forensic definitive lawer of the legislation] legislative definition<add>declaration according to which it is framed whereby it is guided</add> [supported where def dificient
by the judges, Court it's uniformity with the rest of this : it's relation ability; th
lawer of the Judges of setting it aside by sending the question to be referred, it's particular
utility.
|
Identifier: | JB/050/081/001"JB/" can not be assigned to a declared number type with value 50. |
|||
|---|---|---|---|
|
050 |
procedure code |
||
|
081 |
certainty procedure law & fact |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
c1 |
||
|
jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
||
|
16072 |
|||
