JB/054/166/001

Click Here To Edit

1824. Jany 11
Constitutional Procedure Code
Ch. General View
§. Costs.

Thus stands the relation between the ends of
justice and the actual and ends of judicature: the proper
and the actual ends of judicature. Justice has for its ends
minimization of the instance, ref misdecision, minimization
of delay, vexation and expence. Judicature has
for its ends maximization of the instances of misdecision,
maximation of delay, vexation and defence. Why
maximization of delay, vexation and expence? Because
in as exact proportion as can have been contrived,
lawyers profit official as well as professional
rises increases with the expence. Why maximization of the instances
of misdecision? Because the larger the proportion of the instances
of misdecision to those of right decision, the greater
is the encouragement given to dishonest men to commence
and pursue in the theatre of judicature a the dishonest
course. Thus it has for its intermediate and
subservients, misdecision together with delay, vexation and expence,
for its ultimate, the profit extracte lawyers profit extractible out of the expence.

As to misdecision Thus it is but under the eye of the Public Opinion
the number of proportion of the instances in which the rules of self-regarding
prudence admitt of giving the run to dishonesty on
the part of the Judge has its limits: and but for this to
this check is the benefit to be ascribed if the number
of wrong decisions known for what they are by those who prono whose decisions
they are not only legally but morally right: meaning
always morally right: for as to legally right, be they
in an so flagrant a degree morally wrong, legally right
being as they are the decisions of those by whose decisions the law is
constituted they can not fail to be.

But for this that the chances might be as even and
the encouragement to the dishonest suitor to as great as possible

Identifier: | JB/054/166/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-01-11	Marginal Summary Numbering	12
Box	054	Main Headings	procedure code
Folio number	166	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17685
Box Contents