JB/055/050/001

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1823. Decr. 9
Constitutional Code or Procedure

11
Ch. Judicial Abuses obviated
11 §.

27
By this arrangement
excluded from all suits
blameless and blameworthy
together, on which the
pursuant would not be
able to pay the tax

1. Of this one arrangement, proportioned to in a proportion governed by the amount
of the money so assessed and levied, blameless and

1. Blameless and blame blameworthy together, all suits
on the occasion of which the aggregate of the money so applied could can not
be paid were stand/stood excluded altogether excluded

28
Consequences as to justice
1. On the pursuer's side, to to
those who would otherwise
be pursuers, all means
of redress for injury in
every shape, refused:
licence to all persons
whatever be inflicted on
them with impunity,
injury in every shape.

1. Consequence of the continu Of the/this indiscriminate exclusion now/behold now the consequences in respect of justice. On the pursuer's side: to
those who, without blame would otherwise have been pursuers — means of redress for injury in every shape excluded cut off/refused
licence thereby given to all persons without distinction licence thereby given to
inflict injury in every shape, and in particular in the
shape of depredation, on the all persons so excluded.

29
2. On Defendant's side.
To every person who
in the character of pursuer
will pay the price,
licence to inflict injury
in the shape of depredation
and every other, on
every person who can
not pay the price set
upon a licence for self-defence.

2 Consequence On the Defendant's side. Into the
hand of every would-be depredator or oppressor in any
other shape who in the character of pursuer is disposed to pay the price, an a
instrument pleading whereby, to the extent of the defendant's
capacity of suffering, all such his wishes/particular that purpose may be accomplished.

30
True, along with blameless,
blameworthy pursuits
and defences are
thus excluded.

But by the indiscriminating
arrangement, as
good can be produced
that would not be more
surely produced by the
discriminating one.

Proportioned to the demand
in respect of species and
degree of blame would be
the suffering appointed by
the discriminating arrangement: no such proportion is mentioned by the indiscriminating one.

True it is that by that same instrument, in a proportion
more or less considerable, blameworthy suits and
blameworthy defences can not but be kept out. But so
would they equally be, if it to them alone that the suffering to
equal amount were applied. So that to the arrangement whereby the application To the indiscriminating arrangement not a
is made indiscriminate no advantage can be particle of advantage can be with any mouth be ascribed, that
would not be possessed by the discriminating one as justly ascribed in this in comparison with any
arrangement in by which the exclusion thus effected would be
confined to blameworthy suits applied to blameworthy suits
and no others. The suffering applied by the discriminating application would of
course be regulated by and proportioned to the demand for it in
respect of the species and degree of blame: In the case of the suffering
applied by the indiscriminating mode no such proportion has place.

Identifier: | JB/055/050/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-12-09	Marginal Summary Numbering	27-30
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	050	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D11 / E11
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17771
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