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18 June 1805
Evidence
The Common Law procedure and Equity procedure agree in this
that in both the that evidence such evidence as the cause affords is extracted in a
very bad and imperfect manner though the end of a course of months
or years, which in Summary procedure is may frequently exacted in the most
best and most perfect mode possible in as many hours or even minutes.
Such is the fruit and the use of these two the labours of those
two professional men, the Special Pleader and the Equity Draughtsman.
Of this root is the labour, so directed, so applied Such are the labours by which the professional lawyer is
supposed to give himself the best chance that qualification possible that a man can possess
for the very highest seats in Judicature.
The labour To a Judge who has should have the interests of truth and
justice really at heart the labour of the Special Pleader and the
Equity Draughtsman are of as much real use as may in point of real use be compared with the labours of
those females who follow the camp army for the purpose of stripping the dead
and wounded after the battle, are to the General who commands it.
There is indeed this difference. Those The female plunderers
do not on either side diminish the chance which the General has of skill of the General may purloin for
obtaining a victory. But the labours of the mob pr depredators
on both sides concurr in rendering it impossible for the mi self and
most upright of Judges to do any thing better than rendering administering the most
under the name of justice enormous and deplorable injustice, if in factitious and unnecessary vexation, expence
and delay there be injustice, under the name of justice.
Identifier: | JB/047/146/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
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