JB/057/059/001

Click Here To Edit

Evidence

May 1804

Ch. Justicey Eng. Law
§ Outlawry
(1

1
Inadequacy of the securities
for sufficiability
under the English law
the result of narrow view

Between good bad theory & bad practices the connection is most intimate
Good Bad theory and good bad practice are inseparable. Scanty and Inadequate
arrangements are the necessary result of partial and narrow views.

2
Outlawry, in respect
of the forfeiture of the
protection of the law contained
in it, an
inadequate succedaneum
to sequestration in
income/possessions.

Of To sequestration mans possessions as above described,
we may see a partial succedaneum in the punishment
or process of outlawry known by the name of Outlawry
in English law. + Forfeiture of the protection of the law unrestricted
of property. What does it do towards accomplishing the end
it aims at? little, and that little badly.

3
It takes no care of the
party injured it proceed
does nothing towards securing
to him the matter
of satisfaction.

What it as we have seen, it ought to do, is to visit in some trustworthy heads
for the benefit of the party injured, the matter of compensation. satisfaction
so far as that matter is obtainablecan be made forthcoming at the expence of the wrongdoer.

What it does not is this. This is what it does not do.
It does not command impose on any person the obligation of
securing the object for the benefit of the party injured

4
It wastes it, by
giving to his debtors
the amount of their debts
seeking to corrupt men
by offers which can
not without dishonesty
be accepted.

It does not so much as impose on any person the negative obligation
of not transferring it over to the author of the injury
All that it does is to hold out give to any person to whom it
may happen to have property of the wrongdoers in his hands
permission to keep it there.

On an honest debtor or trustee it makes no impression
it produces no effect: he rejects with horror the offer it makes
him at the expense of good faith & justice

So far then as men are honest; it misses the end it
aims at to aim at — it affords not the security it pretends to give — it
administers not the relief it pretends to administer. If in any this or that instances
it accomplishes this end, it is not only in so far as men
are dishonest — that is in so far as it has succeeded in making
them so.

Identifier: | JB/057/059/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-05	Marginal Summary Numbering	1-4
Box	057	Main Headings	evidence; procedure code
Folio number	059	Info in main headings field	[[info_in_main_headings_field::evidence [deleted]]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18389
Box Contents