JB/052/163/001

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1823 August 18 +
Constitutional Code of Procedure

IV General View
Ends of Judicature

1
Ends of judicature
1 positive 2 negative

greatest ha Judicial Procedure has two ends in view When the greatest whole body of the law has for its object/end in view the
greatest happiness of the greatest number the whole of the adjective branch inter legible
may be said to have two specific ends — the one positive, maximising
the execution and effect given to the Substantive branch; the other negative
avoiding minimising the evil — the hardship in various shapes
necessary to the accomplishment of the more specific ends.

2
Constant Antagonisation
of these two
ends

Between these two pursuits the conflict is all-pervading
and perpetual: whatsoever arrangement is taken for the attainment
of the one end, it can scarcely avoid being to in a greater
or less degree, obstructive to the defulcative from the extent to which the attainment of the other end
might be carried.

3
If means of forthcomingness
inadequate
denial of justice if
more than adequate
pure evil from suffering inflicted

If measures/arrangements whether it be with a view to compensation merely, or to compensation and punishment together of adequate strength for securing eventual
forthcomingness on the part of Defendants and the Defendant — purse and property
included — be not taken, injured individuals who are or
would or should have been Pursuers remain without
m redress without indemnity for the past or security for
the future: if measure arrangement of more than adequate strength
are taken pursued evil doing Defendants not only may may be made to suffer
more than is necessary: and what is worse men who have
not been individuals hardship to an indefinite amount may
be made to fall on the head of men who have not in any
way been evil and this not only with and by, but even
without any evil consciousness or evil intention on the Pursuer's
side.

In this way, the Judicial Judge establishment, how well and faithfully
so ever the duties of it his may are be performed may be made the
instrument of oppression and even of depredation. No intellectual aptitude
no active aptitude, no appropriate knowledge no judgment nor no active aptitude can
one
reader been compleatly
secure against the so deplorable
a result. No allowance then
through the medium of such
information as came in his way was obtainable by him can he ever act or forbear to act: perhaps forbear from action if that information is false and by means of its falsity deception — wrong ap judgment
wrong argument on his part undeniable.

Identifier: | JB/052/163/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-08-18	Marginal Summary Numbering	1-4
Box	052	Main Headings	procedure code
Folio number	163	Info in main headings field	code of procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16836
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