JB/047/190/001

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8 Jany 1806
Evidence

Over and above all particular interests the advantages they may
derive from its being bad on this or par that particular occasion, and
in this or that particular way, they it is for their advantage interest that it should
upon the whole be as bad in all manner of occasions, and in all manner of ways
as the government legislature and the people will can be persuaded to suffer it to be: – and this on
two accounts.

1. The worse it is in any particular respect, the stronger the security afforded for its being
suffered to continue bad in other respects: – if men the men who will submitt to
greater abuses, in future will superior injuries, will they to lesser inferior ones. This argument
from precedent, from usage is strengthened on the one hand: the assurance
of patience acquiescence is strengthened on the other.

2. The more adverse hostile the substantive branch of the law is to the
general welfare, the more adverse to the purpose of giving effect to the substantive branch, are the adjective branch to the other legitimate ends of
justice judicature, the more inscrutable it is to non-lawyers in the character
of suitors and clients: for it is only from and through the medicine by means of the conformity
to the those only legitimate ends of legislation and judicature that the
existence of non-existence of a proposed arrangement or disposition
of law, in default of a distinct and express directly applicable article
of legislation statute law, in a book already lying open before us, can be inferred.
But the more inscrutable the law is, the greater the
power of him the man of law in all his shapes: of him whose
will or pretence of declaring the law is to mute the law: and of him
whose business is to study by force of conjecture endeavour to find out what the will of the other
will be.

☞ Add further interest in the understanding of the people, the same
as that of Priests. Then among the means. Decisions on points foreign to the
merits in criminal law – sale of indulgences. No artifice no artificeness
on the part of the jurist but what has its counterpart on the part of the lawyer.

Identifier: | JB/047/190/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-01-18	Marginal Summary Numbering	1-3
Box	047	Main Headings	evidence
Folio number	190	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15058
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