JB/057/070/001

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30 May 1804 Procedure 5

Evidence

Ch. Justiciability

11
Vexation being as
as far as it is groundless
or needless, an injury
requiring satisfaction,
and, failing satisfaction,
punishment — hence
the eventual justiciability of
the plaintiff becomes
a collateral or
secondary object.

But the interests of both parties being alike the object of the legislator's
care, vexation on the part of the plaintiff, as far as it is
either undue, (or whatever is unnecessary is undue) is no less to
be guarded against than undue vexation on the other side. Hence
arises on the part of the legislator a secondary or derivative object — viz: the eventual securing the
defendant against any such undue vexation as may be the result of the
operations permitted to be carried on by or on behalf of the plaintiff
for the purpose of securing the f justiciability or forthcomingness
of him the defendant: for preventing it in the first instance, and
that object failing, for procuring satisfaction for him at the expense
and thence by the vexation of the plaintiff. Hence again
results on the part of the legislator a correspondent duty — that of making the requisite provision
for forthcomingness on the part of the plaintiff, lest he on
his part, in the event of his being in the wrong should shrink
for the and under the burthensome obligation of rendering satisfaction
to the defendant for the injury, or failing the means of
rendering satisfaction, the the obligation of sustaining [the appointed punishment.] appointed
the appointed subsidiary vexation, under the name of punishment.

Identifier: | JB/057/070/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-05-30	Marginal Summary Numbering	11
Box	057	Main Headings	evidence; procedure code
Folio number	070	Info in main headings field	procedure evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18400
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