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1829 Aug. 3
Reformists reviewed
Beginning
J.B.
Ends of Justice & Judicature.
21
Relation of proper
ends of Justice to actual
ends of Judicature.
22
Main end giving execution of and effect
to the law collateral
ends. Procedure avoidance of
misdecision avoidance
of non decision.
23
Collateral ends
avoidance of delay
vexation & expence.
(10
Main ends comprehensible.
Depredation.
Now Thus then we see the sort of relation which has place between
the proper ends of justice, and the actual ends of English Judges and
English judicature: that relation which in being the the clearest
conception of which is so indispensably necessary to any tolerable conception
of with the discovering a true remedy. Bentham with new
economy, industry and energy is on every occasion occupied in
bringing to view. Ends of judicature, these. Main end giving execution
and effect to the main body of the law: that is to say
to every part of the system not comprized in the law of procedure:
collateral end reducing to its smallest dimension
the unavoidably evil attendant on judicial procedure.
Branches of the main end, two—avoidance of misdecision
avoidance of non-decision. Necessary is here a word
or two of explanation: when From non commencement comes
proportionable non-decision: and from inability to give
commencement comes non-commencement and from the inability
to defray the expence of a suit comes the non-commencement of it. Thus
in proportion as denial of justice has place, non-decision
through by reason of non commencement has place: and the relatively
poor are and many placed and kept in a state of slavery under
the relatively rich and few:[+] Branches of the collateral evil,
delay, expence, and vexation: vexation resulting from
both, but distinguishable from both. So much for the proper
ends of justice.
[+] by whom the pieces
of the law which the
Judges sell are at all
times ready to sell to
all who will pay the
price they put upon it
is brought accordingly
and employed in the
practice of plundering, impoverishment or oppressing whatever is most to the each man's side
at the expence of any an injury. In the chorus of those from whom who are placed at his mercy the inability to purchase the means of resistance.
[When] these [are] provided
for, every thing is provided
for which can be desired.
24
Corresponding & opposite
ends of feegathering
system.
No Correspondent for the most part and opposite to them, under
the fee-gathering system (such is the denomination by which
Bentham has held it up to just ) are the but two
incontestably the the actual ends of judicature.
25
Contributed to the main
end in a certain degree
in what they cannot but
do.
Giving execution and effect to the main body of the
law to a considerable degree is what they can not but do:
for if they never did it, never would they be called upon to
do so: and only in proportion are they called upon to do
so, can they gather in the harvest of fees be gathered in. But
Or
Identifier: | JB/011/059/001 "JB/" can not be assigned to a declared number type with value 11.
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1829-08-03 |
21-25 |
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011 |
law amendment |
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059 |
reformists reviewed |
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001 |
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text sheet |
1 |
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recto |
e10 |
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jeremy bentham |
b&m 1829 |
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arthur moore; richard doane |
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1829 |
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3756 |
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