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JB/057/067/001

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7 June 1804 2

Procedure

Ch. Justiciability

3
Justiciability what
1 ultimate or definitive
2 initial 3 interlocutory
Ultimate the first object
with the legislator, as
being the standard to
which the two others
should be shaped — —
Series with the Suitor
the practitioner, the
Judge and the Law
Expounder —

It is at the commencement of the each suit that justiciability
comes to be arrived at provided for by the party suitor and the Judge. It is
therefore at the commencement of the course system of procedure that it
comes naturally enough to be spoken of by the law-writer
whose object it is to bring to view in any the system of procedure as it
is. But if the view of the suitor, the Judge, and the law-expounder Expounder
may be warranted in attaching themselves with in the first
instance to the commencement of the suit, if it be the first
object with to the suitor, the Judge and the Law Expounder —
with to the Legislator, and him who takes in the calm of the upon him to act as
counsel to the legislator, it is but the second.

Look to the end
in the first place and never lose sight of it is an instruction, already familiar in the old
days of as Aristotle: + + an instruction of such value that had it but been steadily
observed, followed little in the art of legislation, not to speak of so many other
arts, little work would by this time have remained for the inventive
mind. [But custom rivets the chains which imposed by power, the slave/accomplice of tyranny rivets the chains which the law imposed and
invention when not crushed outright drags on at snails pace.]

4
Importance of the distinction
to practice exemplified
1 No more vexation for
initiative than for definition.
2. Arrangements respecting
the three branches ought
to coincide and harmonize.
Not be disparate and
discordant: ex. gr. Execution
and Outlawry

If justiciability of any sort be necessary at the commencement of the suit —
[and so on through each secondary period] it is only for the sake in respect
of that instance to its being so at the end of it. conclusion of the suit Justiciability
may accordingly be distinguished into ii i ultimate or definitive,
and initiative, or provisional and interlocutory: the term provisional
serving in common to include the two last cases. [The distinction is not a barren
one: the ends conceding for the most part, so for the most part will
the means. The vexation that is not in any given warranted by ultimate justiciability
will as little be warranted by initiative. [The] arrangements
employed with advantage that are at one] found necessary and efficient for the
purpose of initiative justiciability will not be much less necessary nor much less
efficient for the purpose of ultimate, and definition.

Had this conundrum been
duly considered observed and regarded,
English law could
not have seen one set of
arrangements established and in
the kind of execution, provided
by a set of arrangements altogether
different and disparate
under the head of Outlawry




Identifier: | JB/057/067/001
"JB/" can not be assigned to a declared number type with value 57.

Date_1

1804-06-01

Marginal Summary Numbering

3-4

Box

057

Main Headings

evidence; procedure code

Folio number

067

Info in main headings field

procedure

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18397

Box Contents

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