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1829 Aug. 3
Reformists reviewed
Beginning
(9. Procedure
J.B.
20
Judges dealing with
the parties instead
of with their attornies—
advantages.
Dealing with parties the Judges and their respective myrmidon
had to deal with persons whose interests were opposite
to theirs. H The interest of Judges required that the parties should
be friends: the interest of the parties required that parties should
not be friends. If by any man it In so far as things could be ordered
in such sort that parties instead of doing their own business themselves
should employ substitutes to do it for them, assistants to do it with them in that way still better Judges by entering
into a virtual partnership with these assistants or these substitutes
would meet at once a most deniable debateable addition to their emolument
and their cases. But In so far as their assistants and
substitutes could be brought into existence, this community of
interest followed found itself of course. The greater the number of suits
an assistant of this sort had been employed in it, the greater was
his capacity the better was he qualified for its coming on of all
succeeding suits: and moreover the greater the number of these suits, thus often
did he come in contact with the Judges and their abovementioned
subordinates, to neither party were it possible that these communities
of interest (sensible interest will relate to that of the public it
might well be termed might well be called) should being for a moment
be a secret.[+] The consequence was obvious followed of course and unavoidable:
they played into one another's hands. Thus hapless under the existing system / in such a state of things is the conduct
of the miserable suitor: enemies natural enemies are all he has to deal with,
all on whom his lot depends: friends—natural friends he has
none. Not less decidedly nor under the existing system less irremediably
nor is the interest of these his assistants his troops his
guardians in whose hand his fate reposes, than that of this
adversary in the suit, against the adverse interest of an adversary
so called he is upon his guard, and to a certain degree lies
in his professed assistants or real assistants and a support
against the adverse interest of these his professed guardians
and supporters he has no support.
[+] The more the Judge
and their creatures gave, the
more the assistants of the
parties gave: the more the
assistants of the parties
gave the more the Judges
and their creatures gave
the more all these diffuse
gave the more
the parties lose.
Identifier: | JB/011/058/001 "JB/" can not be assigned to a declared number type with value 11.
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1829-08-03 |
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law amendment |
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058 |
reformists reviewed |
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jeremy bentham |
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