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Judge Hermosa
The founders of this this syste same system, were they men? or if not, what
were they? If men, then so it is that they were in the circumstances in which they acted, conducted as they were, free as they were from all check applied or applicable by the subject many whose interests they were thus disposing of such in the forming of
the system would could not but have been the ends that from first to last they had in view. For⊞
on general self self-preference the constantly prevailing habit of self-preference does the human species depend –
depend not merely for its happiness but for its existence.⊞1 ⊞1 No rule for the guidance of the legislat more important
for the legislators guidance:
more should the no rule on which with
legislator suffer it for strong or determination, his
a to be eyes should on every occasion
from his remain fixt. No rule against
which the eyes of
men in general are more
obstinately closed. Self-preference
is the necessary occupation – social sympathy, on any extensive scale – social sympathy and
the conduct that flows from it – the luxury of life the most highly polished life: the habitual enjoyment of it: the privileged
of as far as superior minds end possession of here and there a superior
mind and superiorly cultivated mind.
Delay, vexation and expence of judicature together these
in conjunction with mendication in all its entirety compose the aggregate
mass of all the evils to which the system of judicial procedure is liable to give birth. this
Of these this aggregate mass of evil is composed the patrimony of the fraternity of lawyers: of beings of the men of law
in all his shapes: of lawyers of all classes, and all ranks: of the attorney the advocate, and the
Judge the subordinate minister of justice with his subordinate ministerial instruments:⊞2 ⊞2 and above them all the patrons by whom the Judge in all his shapes is appointed. Delay, vexation and
expence, as well natural or factitious: as natural in their natural and inevitable, as in their factitious and purposely organized forms, of evil in all these shapes as will that
in which it is the proposed work of man, as that in which it the is the work of nature
that a power, into the designs of which no human eye can penetrate. No:
In no branch whatever, in no place, at no time whatever
can the any system of government that we see or ever have seen established have had been directed
to any other object than the particular good of those by whom it was has been
established, to the good of the subject many, no further than⊞3 ⊞3 in as far as by serving those beneath them others it appeared to the ruling few that they were serving themselves. in as far as the general
good and the general good were regarded as considered. From
the eyes of the multitude these truths, incontestable as they are, have almost almost universally
from hidden, that only in proportion as those same eyes are open to them can men be men be freed
from the oppression
and depredation under and
debasement, under
which in every
country he still labours.
In every country? Yes:
Yes even in the Anglo-American
United States. For though
not at all by despotism
much by Priests
as be those deluded yet in
proportion to the delusion oppressed
by lawyers.
What The good there is derived from the judicial system what from whence
then is it derived? From this the those things which are actually done? In a small
degree, – yes, but in a very small degree: in a much greater degree
from that those things which it is supposed would be done how erroneously so ever supposed would, in the case
in question, if the experiment were made, be done.
In the bulk of their own experience, interests deluded by
the falshoods those false tales which those conceptions, which in books and speeches the lawyer tribe are as
with one accord so indefatigable in disseminating: Englishmen in general that as far it is thereupon of among the expectations for
case of example of Englishmen in general, that affords for injury in every shape law will afford them an adequate
compensation whereas Act the whole fact, the uncontested and incontestable fact, is – that
to more than nine-tenths of the their number the obtainment obtainment
of any part such compensation is, in every case, impossible. Thus
stands the matter in England – the country, in which, till the birth of the Anglo American United
States, the purpose of
lawyers was least destructive. But if thus in England,
in Spain it how can
not but be
it fail to be much still
worse?
Identifier: | JB/036/167/002 "JB/" can not be assigned to a declared number type with value 36.
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1822-07-17 |
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036 |
constitutional code |
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167 |
constitut. code |
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002 |
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text sheet |
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recto |
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jeremy bentham |
[[watermarks::i&m [fleur de lys] 1818]] |
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arthur wellesley, duke of wellington |
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1818 |
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11091 |
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