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See Ms v. 23. The unhappiness about the Law that may be seen to flow from
judicial decisions which the Law is seen to leave behind it in its course proceeds from two causes:
1st from their losing sight of the principle
of Utility altogether: 2dly From
the obligation they were in of sacrificing
private utility to the public.+ + in many cases where the two utilities were not in their nature irreconciliable. This an
obligation that was laid upon them by the
limits of their powers.
There were two ways to have remedied this bitter
head of inconvenience. The one was, by
an intermixture of the judicial and legislative
authorities in one person or set of
persons: the other by establishing a more stricter
& more ready intercourse than what has yet
subsisted between those two powers
when lodged as they have allways been in different hands.
In all those cases where the utility of
the decision between as applied to the individual case in question stands opposed
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Identifier: | JB/070/035/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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035 |
introd. utility applied to the transmission of property, contracts &c words technical and deeds law common |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23150 |
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