JB/052/508/001

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1823. Octr 28.
Constitutional Code 2. Enactive Part. or Procedure
Ch. Procedure in distantes.
§.
2. 5
Difficulty extends of
justice direct & collateral

When On this occasion, when difficulty is spoken
of, it is on the supposition, that the maximization
of the happiness of the greatest number being the
all-comprehensive end in view, and of the whole
adjective branch of the law, the whole compasses being
directed to that end, the adjective branch has for
its end in view, maximization of rectitude of decision,
minimization of misdecision, and minimization
of delay, vexation and expence.

6
Under existing system no
such difficulty has place ends
of judicature being maximization
of Judge &c
emoluments

But under the current systems of procedure,
no such difficulty has place: nautically speaking, all
is plain sailing. Knots, how numerous soever, are all
dealt with in the same manner: all dealt with in
the manner of the Gordion knot: For all of them, one
sword serves: sinister interest in the hands of the appropriate
constituted authorities, but more particularly
those of the lawyer tribe. To maximize the number of
suits and defences that will afford lawyer's profit,
maximizing at the same time the quantity of such
profit extractible and extracted from each — to minimize,
at the same time, the number of suits that
will not afford lawyer's profit,— such are the conjunct
ends, to which, in so far as depends upon that tribe,
all arrangements and proceedings under them are
directed: As to [minimization of misdecision,] maximization
of rectitude of decision, taking the law for
the standard, it is matter of indifference: as to minimization
of delay, vexation and expence, it is
matter of abhorrence: for, seeing that minimization of Lawyer's
profit would be among the results of minimization
of expence.

Case 1.

Identifier: | JB/052/508/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	5-6
Box	052	Main Headings	constitutional code; procedure code
Folio number	508	Info in main headings field	constitutional code or procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17181
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