Occasional Papers: Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2Church, R. W. (Richard William)
Religion
Occasional Papers: Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2
Church, R. W. (Richard William)
Christianity; Church and state -- Great Britain; Great Britain -- Church history -- 19th century
No doubt you have read the judgments in all the cases you allude
to carefully; but have you read the pleadings and arguments of the
counsel, so as to know accurately the points raised for the
consideration of those who were to decide? To know the offence
charged and the judgment pronounced may suffice in some cases for
an opinion by a competent person, whether the one warranted the
other; but more is required to warrant the imputation of
inconsistency, partiality, or indirect motives. He who takes this
on himself should know further how the pleadings and the arguments
presented the case for judgment, and made this or that particular
relevant in the discussion. Every one at all familiar with this
matter knows that a judgment not uncommonly fails to reflect the
private opinion of the judge on the whole of a great point,
because the issues of law or fact actually brought before him, and
which alone he was bound to decide, did not bring this before him.
And this rule, always binding, is, of course, never more so than
in regard to a Court of Final Appeal, which should be careful not
to conclude more than is regularly before it. Let me add that a
just and considerate person will wholly disregard the gossip which
flies about in regard to cases exciting much interest; passing
words in the course of an argument, forgotten when the judgment
comes to be considered, are too often caught up, as having guided
the final determination.
Public-domain text, read in full here on John Shaqi.
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