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Jud. Preface?
(2) Delay by vacations
So long as it lasts, delay established by const by the constituted authorities and without
adequate reason by the constituted authorities is denial of
justice. Whatever it be, Blackstone is perfectly well satisfied
with it: What he say is — that Were If the Courts to sit sat in harvest time, the business of the
harvest (he says) would then be impeded: what he does not say is forgets s is
that if an agricultural husbandman whose stock were unjustly taken from him, for example
in pretence of distress for rent, and kept from him during harvest time
kept from him for want of a Judge prepared to give it him back again,
the impediment would be considerably more severe. Two other things
to forget: one is at as the husbandman's attendance in person
is of no use, he being laid under the impossibility of pleading his own cause and under necessity of trusting to his lawyers:
the other is — that there are other people in the country besides
husbandmen.
Of the written pleadings, the use to justice (it has been
seen is every thing nothing: of the evidence, every thing. To the delivery
of the written pleadings is allotted a boundless waste of time were and is
allowed: why? because profit in Judges and other lawyers' profit encreases
with the waste. To the elicitation of the evidence is allotted
no more than a minute fragment of the time that would be
necessary? why? because Judges and other lawyers profit encreases
in proportion to the shortness of the allowance.
Delay and precipitation are thus made to answer
the same purpose.
Identifier: | JB/031/079/001 "JB/" can not be assigned to a declared number type with value 31.
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jeremy bentham |
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