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Blackstone
I First, conduciveness to
ends of justice – collateral
in particular: exclusion of
needless & pernicious suits &
defences.
The punishment will fall
on the authors of such suits:
as a tax it is prohibitive. The
greater the magnitude of a
proportional fine, greater
its deterritive force with
reference to future unjust
Suits.
Law taxes opposed to Justice
1. Those who cannot pay
them, cannot obtain compensation
for injuries.
2. Or obtain means for defence
agt. unjust Suits,
and renders them liable to be
plundered &c by those who
are wicked & rich enough
to pay tax to King & Co.
and fees to Judge & Co.
Where sufficient money
on both sides, it gives encouragement
to unjust Suits &
defences.
II Means of productiveness.
1. Instructions from Legislature
to Judges to give
preference to pecuniary
punishments – saving
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preference due to others
sorts of compensation, in
particular cases. See Remedies
in Penal Code.
2. Instructions to Govt Advocates
to watch litigants: in
cases of delinquency in these
shapes to call for punishment
in this shape.
Justice for helpless – this theoretical
so more contemptible
than if ever so wicked: this
in profession actually attempted
by Law as it is.
If profession sincere –
what wd. be the arrangement.
See Statutes in forma pauperis.
11th of Hen. VII c. 12
and 23rd Hen. VIII c. 15
Under proper system – requisite
to a man, before the
Judge – appropriate skill
& money.
But under Law as it is –
to preserve him from
wrong a man must have
money more than one in
100 or 1000 has.
Identifier: | JB/031/149/001 "JB/" can not be assigned to a declared number type with value 31.
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blackstone |
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