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1829 Aug. 3
Reformists reviewed
Beginning
J.B.
Anti-fee-gathering.
*(8
(1)
To go in with the fees, and the operations and instruments
by which they were produced unhappily for suitors and those who should
have been, but the could not be suitors Multiplication and prolongation — multiplication
applied to judicial operations and written instruments — prolongation to written instruments
unhappily for mankind both these operations were but too completely instruments of sale and denial
both these official causes of sale of justice and at the same time of
denial of justice were but two causes
in their power. In their hands was the business
of delineating and prescribing the course which in each case
the suit a suit at law should take: in these hands of necessity: for in in that day
what others could it be placed. Of a legislature the very existence
was at all times precarious: the intellectual faculties of all kinds
utterly incompetent to the last. What then did those same
Judges? Delays they saw would break individuals: need a pretence for
performing operations for issuing or receiving instruments. The year
was accordingly broken into eight parts four terms alternating
with four vacations: four vacations one of them the length of
between four and five months during which nothing was to be
done: thus was fulfilled the delay-abjuring promise of non-delay. The thread
of the suit being then regularly broken, every thing time something
or other was to be done to splice it together again: and nothing
was ever done without a fee.
19.
Encreased time and
means of operating
to Judge by being
single instead of one
of many.
A The Judge could not of himself and by himself do
every thing: still less could Judges four or five in number when
acting together: acting together they stood or sat in anothers
way: in of this same space in the same length of time greater the number of the
workmen the less the quality of the work done. But when acting
by himself and without a superior to control him the original
Great Judge having of course been a plunderer and oppressor
and if any such power as that of public opinion not so
much as the slightest conception as yet formed, the power was
split and divided among so many hands that in case of
depredation or oppression each Judge might have a witness one occasion
behold a percipient witness and eventually a reporting witness or
even an accuser on every other.
(1)
Pressing on the great body of the people — in the vast majority —
These then may be seen too perfectly distinguishable though so
intimidating connected disorders and grievances: inaccessible judicature justice
and inaccessible judicatories: in the case of the judicature, the inaccessibility
produced by fees, in the case of the judicatory, by distances.
Identifier: | JB/011/057/001 "JB/" can not be assigned to a declared number type with value 11.
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1829-08-03 |
18-19 |
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011 |
law amendment |
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057 |
reformists reviewed |
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001 |
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text sheet |
1 |
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recto |
e8* |
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jeremy bentham |
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3754 |
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