JB/055/046/001

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1823. Decr.
Constitutional Code. or Procedure

7
Ch.
(7 §.

Art. 1. In various shapes evil to an inable extent
might and necessarily would be continually produced,
if without regard to justice of the demand, access
to the power of the Judge were left in any part of it at the absolute
command of all individuals who for any purpose
at their desire were disposed to become applicants.

Of this evil there are two branches.
1. Evil to individuals
2. Evil to public

17
Objection. Of Restraints
on litigation you admitt
the necessity. Fees and
other taxes impose
these restraints
on the operation and
instruments by which
litigation is carried on
impose these restraints

Thus it is, that supposing litigation exempt from factitious
restraints, no restraints left be applying to it but
the abovementioned natural ones the best constructed Judicial establishment
would be worse than useless.

Will it then be said taxes on the several operations
and instruments of by which litigation is composed carried on — there are
legislative restraints — and thus is done this effect you
required to be done.

18
Answer. True: the evil
is prevented from being
so great as to be destructive to society:
still, in this the mode
in which these restraints
are imposed it constitutes
a cruel grievance.
Much of the
evil remains
and

Answer. Yes: true it is the evil is lessened: but
after the defalcation thus made enough may be still be left
to constitute it a most enormous and cruel [and an intolerable] grievance. Evil
in every shape case is tried: but evil in no shape case is prohibited
on the contrary it is licenced, and to great extent

What then is the proper course? The proper course and only proper course is this
When this is stated determined it will serve as a standard to which may
be compared all the several improper ones.

Thus may a Suitor on the course dictated by the law of justice —
by the desire to produce the maximum of happiness by execution and effect
give in the most perfect to laws directed to that object.

But the in no reality
would the has the course
taken by men in power
been the course dictated
by the law of justice.
It has never been: however in that situation never has admitted of it. The object has been not the universal interest but their own particular and opposed
to the general greater interest

Identifier: | JB/055/046/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-12	Marginal Summary Numbering	17-18
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	046	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D7 / E7
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17767
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