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46
Tit. II. B. & C.
Reconciliate So much for the illusion: now as to the source.
No man can have cast a glance on [any of the
systems of procedure ever yet established without
with views of public spirit and benevolence, without
seeing how miserably the least bad among them is
inadequate to its end [or at least to what ought
to have been so.] Sad and universal experience conviction
of this fatal truth has struck so deep a root into
men's minds as to have given a splenetic tincture
to the only word in use in French as well as in English for the expressing
of that process which is carried on by the
parties who await the decision doom of Justice of a Court of law
They Men have given it what is called a bad sense: and
they have scarce left no word with a neutral sense to
perform the office. Litigation and its conjugate
litigious both import blame. Litigious is he who
is concerned in litigation. Litigation being so bad
a thing all who are concerned in it it is conce
so says the general surmise are very probably in
the wrong. The Defendant, for he is a party to
litigation: but the Pursuer still more; for he is the
author of it. The presumption of right which Nature and Reason have planted on the Plaintiffs side is thus won from him and transferred made over to the Defendant. Alas! when will men be made sufficiently
learn to feel sensible of the miserable thraldom in which they
are led by sounds? See defence of Usury Lett. Introd. to Morals & Legislation Ch. Litigation is a bad thing: litigious people
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Identifier: | JB/051/218/002 "JB/" can not be assigned to a declared number type with value 51.
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051 |
evidence; procedure code |
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218 |
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002 |
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text sheet |
4 |
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recto |
f45 / f46 / f47 / f48 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16383 |
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