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Beginning
(1)
II. Right — only exercisable
thro' Judge.
Per Blackstone
no right without remedy —
per Truth —1 in 100 only.
II. Rights not exercisable but through the medium
of the appropriate services of the Judge.
Here causes ar Exemplified this early, here come in
the indispensably employed head, announced as per §.1 Law as it
is pretended to be "No right without a remedy": such are in
the words, of Blackstone, and with his conf certificate of
the truth of it. N So says Blackstone. What says Truth?
Proportion of the Cases where one acknowledged lies can have an effectual remedy
to those in which it has can not, as can say to ten, say to 20
say to 50, say to 100? one knows not where to stop.
Obstructions to remedy, these.
I. In the first place the expense attached to the operation
of application for the services of the Judge. I. the universally applying Mass of needless expense attached to all suits: thence denial
of all remedy to all who
are unable to afford the
expense.
According
to circumstances, some natural some partly artificial, these this
expense varies in each respective suit/in one and the same suit individually considered from a few shilling to many thousands: so many
that to the number of them there is no end but that which
applies itself to pecuniary means of the parties.
This owing to mass of useless
expence in suits: almost
all might be struck or thrown
on wrong doer or public.
On public because public
it enjoys security without
expence &c that successful
party enjoys only with expence
See Protect agt Law
Taxes.
Of all the mass of expense in all the
varieties it is susceptible of, this scarcely is there in any one individual suit
a sixpence — scarce a penny that might not be either
struck off as needless and useless, or be thrown on the wrongdoer,
or be borne in the first instance by the public:
and except when where in so far as it is necessary for the
prevention of the like maleficence in future, by the public the expense
it requires to be imposed cast upon the wrong doer, in the
public at large it ought to be case — by the public it ought to be borne,
in the first instance borne — and every part of it as early a period in the suit as possible
Why by on the public [in the first instance] and not on
the party in the right — whether on the plaintiffs pursuers as on the
defendant's side? Answer. 1. Because by every suit instituted
and carried through the public at large without any expense either
in money, time or trouble labour, derives and enjoys that security which
which the successful
party — the party in the
right, even in case of
success, and in case of
his receiving indemnity
as to money, does not enjoy without the expense in time, and the vexation which be the unhappy condition of a suitor at law is inseparable attached by
the inexorable law of Nature. (a) Note Such is the doctrine practiced by MrBentham in his protest against Law Taxes, in the late Edition attached to his Defence. [+]
(1)
[+] of Usury. Ao 18.. by
Lord Goderich when Chancellor
of the Exchequer, the smaller
(2)
the far smallest part of the
burthen that which of interest
under the name of Stamp duties
the producer gives to the procurer
was in considerable proportion
(3)
abolished: but by far the
largest part — that which
(4)
under the name of fees, goes
into the pockets of Judges, directly
or in the shape of personage
indirectly, but still, not the less effectively, how
encreased, or
encreasing,
and how
so ever it
might to be
is not yet
in a way
to be, diminished.
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Identifier: | JB/031/110/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-09-06 |
not numbered |
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031 |
civil code |
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110 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
c1 |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9796 |
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