JB/057/060/001

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Evidence

31 May 1804

Ch. Justiciability Engl Law
Outlawry
(2

5
The breach of contract
to which it invokes my
case not but be accompanied
with confessions
of wrong; which
is not not the case where
the contracts were criminally
or knowingly
illegal ab mitio

In vain would it be to say — it does not make man dishonest, that which it causes men to
do is not dishonesty since by doing what they are thus permitted to do,
they do no more than fulfill the declared intentions of the law.
It is not in this case, as in the case of a contract, suppose between accomplices in depredation prohibition
rendered illegal, in contemplation of the execution of which is
not only not compelled, but in contemplation of its mischievous
prohibited and rendered permissible. The mischief resulting from the
fulfilment of such a contract is manifest to every eye: the existence
of the prohibition grounded on the contemplation of that
mischief is alike manifest: notorious the intention and motive of
the law are distinctly and explicitly declared: the greed that
results from the non-performance of the contract — nay the violation
of it — say the breach of faith — for that such it is there can
be no doubt — is equally manifest indispensible. But in the case of
the outlawry the intention the motive of the law — the simply
permissive law are not so explicitly declared: the goods resulting
from the a man's availing himself of the permission is uncertain indistinct
and questionable. So far as the law succeeds in making men finds in its endeavours to
make man break their faith, the good effect around it finds
altogether: and so far as it succeeds it succeeds but partially,
producing instead of a satisfaction which in proportion of to the
suffering attendant on the obligation of rendering it would have operated as besides in the
character of punishment, it produces nothing but a punishment
so mismanaged as not to operate in the character of satisfaction.

6
In respect of a sequestration
which it professes
to make for the sake of
justice it in fact
divides in the great majority
of instances it divides
or rather would if
resorted to the effects of
the outlaw among a
swarm of official
professional depredators

This then is what it Thus mark as to what the law ought to do and does not do? What
then does it do? To the injury of the distressed creditor It takes the property of the distressed still debtor if
he has any, and divides it among a multitude an almost less multitude of professional
and official hands: or as some would say in for shortness (and would they be to
be blamed?) among a flock of harpies.

When each has had his meal morsel then a chance then remains, it
must be acknowledged, of a remnant for the parties. But what chance? certainly
not a chance of one in twenty.

Identifier: | JB/057/060/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-05-31	Marginal Summary Numbering	5-6
Box	057	Main Headings	evidence; procedure code
Folio number	060	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18390
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