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Ch. Procedure — its ends
§.
(3) (1)
1
Number of
sincerities
requires to be
maximized — of rash
or insincere to be
minimized
Art. In regard to the number of suits, what the ends require
is that the number of sincere suits and applications that are not rash be
maximized; that of insincere suits and applications,
minimized
2
Sincere suits maximization
Reason the
taking away the
feeling of oppressedness
That the number of those that suits being rash
are sincere be maximized? why? Because for
every person who in his own opinion and that of his
circle has a right to the service a judgment from a Judge, and
by the state of the laws finds himself precluded debarred from the
obtaining the effect of it, a feeling of oppressedness — an
opinion of injustice on the part of the Judicial system, of judicature,
has place.
3
Of insincere the
minimization. Reason
the obviating oppressive
vexation
The number of those that are insincere minimized?
why? Because if in the opinion even of him
who could institute them they are unjust, and by reason
of the vexation produced by them on the part of the defendant side
oppressor, so — every body else may safely stand assured —
they are
So much for that which is required by the ends of
justice
4
Locate rash suits
In regard to rash suits that are not insincere
as to those also the number of these also what the ends of justice requires is that they is be lessened. Why?
because by these also vexation is produced. But for the
lessening the numbers of these arrangements of a nature so severe as
as those which may and should be employed for the lessening the number of the
insincere should not be employed last along with those which
are sincere yet rash yet sincere those which are sincere and not
rash be repressed make this the opinion of injustice and insincerity in a proportionate correspondent degree
dispensed. What in this case the ends of justice is requires is — that maximization be given to the number of those rash suits in which the burthen of vexation is definitively by means of compensation taken off the shoulders of
party in the first instance vexed, and set down upon those of the vexor — the author of the vexation be maximized: for, in proportion as then comprized effects
effects are produced, the quantity
of vexation is reduced on the part of
the class or reduced and with
the extent of the supp chance of the in use.
Identifier: | JB/052/174/001 "JB/" can not be assigned to a declared number type with value 52.
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1824-12-08 |
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052 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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16847 |
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