JB/034/215/001

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1823 Sept. 7.
Constitutional CodeProbably Superseded

☞ To come in at the conclusion of what is said on the
Judicial Establishment.
10 Sept. 1823 ☞ These three pages scarcely employable. They
In Rome bred procedure they refer every thing to Lawyers, sinister
interest: whereas Despots sinister interest must in Constitutional
matters have had the predominant share.

In By Ofregard the system In systems of judicial procedure, in different
circumstances the different ends aimed at in different circumstances
have been as follows.

1. In the instance of the one here announced, main and positive end
probability of rectitude of decision maximized: collateral and
negative end, expence of judicature expence in all shapes attendant in the
pursuit of the above main end, maximized: expence namely
in the several distinct distinguishable though intimately connected shape of
delay vexation and expence: meaning here pecuniary expences.

2. In almost all systems of procedure as yet known, main end
probability frequency of rectitude of decision minimized: expence
collateral end, expence of in the above shapes maximized:
maximized namely for the profit extractable out of the pecuniary
expence. This, though in the other case the corresponding
and opposite end is the main end but the collateral end is
in this case the main end. As to minimization of the
frequency of rectitude of decision the use of it is – the giving maximizing into
correspondent to litigation on the wrong side by the
encouragement held out to them by the probability and
consequent hope of success. On the part In the eyes of the persons functionaries engaged
in the administration of that to which this they give the name of
justice a certain measure or quantity of injustice there must
always be, in the production of which the patience of the people in
the character of justiciables eventual suitors would case, and the those functionaries
became involved in the fate of those victims whom in the pursuit
of such their main ends they have consigned have been consigned by them to destruction: at the
point wheresoever his imagination has placed it it must have been
the determination of each man to stop: and by this determination
will his decisions and proceedings have been guided produced in so far as
they have been conducive to the right and proper ends of justice. Down to
that point, the end aimed at by him will, as above be not only maximization of the expence of judica recourse to judicial services, but maximization of the number of decisions pronounced
in opposition to the
right and proper main
end of justice.

Identifier: | JB/034/215/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-07	Marginal Summary Numbering	or 1 - or 2
Box	034	Main Headings	constitutional code
Folio number	215	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	"probably superseded"	ID Number	10489
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