JB/042/342/001

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1824. Jany. 8 1831 Aug. 1. 3. M
Constitutional Code or Procedure

Ch. XII. Judiciary collectively
Ch. IV, Judge Deputes Perman.
§.13. Justice for the Helpless

Rules as to Law charges Costs
English practice

1

☞ 1. Aug. 1831. Quere where to insert these 3 pages?
In Ch. XII, §.13. Justice for the Helpless: or Ch. XIV, Judge Deputes permanent
for which in writing it was ? Or not till Procedure?

or 1
Rules as to factitious
hardship whether for
compensation or punishment
1. Blame ascertained
apply it: whether to
plaintiff or defendant.
2. Blame not ascertained
apply it not.

In the case business of litigation, factitious hardship
to with whatsoever purposes effect applied whether that of punishment
or that of compensation admitts of two
very simple rules short rules of which the function aptitude is
not less incontestable than the meaning is intelligible

Apply it wherever there is blame the existence of blame is ascertained. Do so on the
plaintiffs side; do so on the defendant's side

Forbear to apply it where there is no blame so long as the existence of blame is not ascertained. Do
so on the plaintiffs side; do so on the defendant's side

or 2
Guided by the opposites
of these rules has been
the established system
everywhere.

Reasonable Rational as these rules are, obviously and incontestably
irrational their respective contraries — by these
contraries have the as yet established systems been guided in
all places at all times.

or 3
At the outset, before
blame can have been
ascertained to have place
on either side, it applies
hardship on both sides

or 4
Plaintiff, who as
such is presumed to have
received injury from a
resistible wrongdoer, receives fresh injury from
from an irresistible wrongdoer
a
confederacy — Sovereign
and Judge.

or 5
Exacted from him is money
his receipt of which is uncertain,
be it ever so clearly due

1. Where no blame in any shape has been ascertained
to have existence place on either side , it begins they the p begin with
applying the hardship on both sides. The plaintiff, who
would not be permitted to become such, but on the presumption
of his having received injury in some shape shape
at the hands of a resistible wrongdoer, is made to receive
further injury from two irresistible wrongdoers
— the Sovereign and the Judge, leagued together for this
purpose Pay whereas is exacted from him
by both — money in return for a relief, which it is altogether of which be it ever so clearly due
uncertain whether it be his destiny to receive it

or 6
Alike are dealt with, the
man whose object is to
escape, and he whose object
is to inflict, oppression.
And chasing law power for this purpose.

The man whose object it is to obtain relief from oppression
— and the man whose object it is to oppress a inflict oppression
fellow-man, and who for this purpose purchases offers to purchase the power
of the law, are dealt with and dealt by, on the same footing.

Identifier: | JB/042/342/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-01-08	Marginal Summary Numbering	or 1 - or 6
Box	042	Main Headings	constitutional code; procedure code
Folio number	342	Info in main headings field	constitutional code or procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1823
Notes public	[[notes_public::"1 aug. 1831 quere where to insert these 3 papers?" [note in bentham's hand]]]	ID Number	13265
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