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Feby 1806
Evidence
To Applied to Of the several modifications of the technical system applied
to the technical system under any of its modifications, that the
several restitutions thus made to the natural system may serve any of
them as a test tests – tool by which the fineness and value of the factitious
mass will be indicated may be exhibited ascertained in a manner equally simple and accurate.
Call the natural system as restored in any of these instances forms
call it for shortness sake, as by lawyers the adherents of the technical system
it actually is denominated, the summary mode or system: call the
modification whatever it be of the technical, as they who love to call it, the
regular mode or system.
Take the Measure the mass of arrangements under the summary
mode, you will find it answer to the name: measure on the other
hand the mass of arrangements formalities i in pari materiâ, established to be traversed in the regular
mode: you will find it must be infinite: the difference gives
the quantity of scoria, the quantity of lead and arsenic impure matter in the regular
system, the quantity of inconvenience, of factitious inconvenience, heaped
upon the heads of the suitors, in the shape of delay vexation and expence.
This inconvenience has been said to be the price paid for superior surer
justice in the main points, for superior better security against misdecision.
Compare the two systems in this point of view. In this comparison you have an
experimentum crucis. The arrangements by which the regular system
exceeds and differs from the summary system take them up in hand one after
the other, and say to an advocate of the technical system, to an advocate of whatever is any where established to a Montesquieu or a Blackstone now show me
in what way this contributes to security against misdecision – in what
way it is conducive to any one of the ends of justice. To each every such
question what will be the answer? – a dead silence. It is an absolute
gag to him. He is not used to it: he did not expect it: he is not prepared
for it: he never saw any thing like it in any brief – in any book of practice. The
attack is irregular not made according to the rules of the art. You push them in quart, when you ought to have pushed
Identifier: | JB/047/193/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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