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Feb 7 1807
MisdecisiThe articles of misdecision Prevention of mis-decision and prevention
maintenance of uniformity require ulterior consideration.
In regard to misdecision, the mischief of it differsdiffers is
materially, varied by the differencewhatever be the cause or object of demand according to the nature of
the subject of decision. i.e. according as it is the pointmatter of
kind in the pointmatter of fact: the mischief, and thereupon accordingly
the remedy: the mischief viz. in respect of
the remedy which it admitts of in the one case and act
in the other.
Where the subject of the decision is the point in question of
fact merely, itfact merely more in this case be the state of the law over so uncertain and unengnoscible, it admitts of an ever changing Judge or act of
Judges: such for example as an English Jury. In this case
the mischief of misdecision is comparatively slight:light: yesterday
the suffering extends not beyond the individual, or at mass beyond
the work of the conscience of the individual, to whose prejudice
the misdecision operates. YesterdayGo back a day, in such or such a cause,
a Jury gave an unjusttheir verdict. The verdict was unjust,
and in that sort of which exists to no small extent,
in which a new trial could not be granted. So much the
worse: but however there ends the mischief; at any rate so far
as tat set of changeable judges is concerned: for the same set
will not meet a second time.
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jeremy bentham |
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