JB/057/072/001

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30 May 1804 5

Evidence Procedure

Ch. Justiciability

13
It is on the instance of
the defendant that justiciability
requires the
greatest exertions on the
part of the legislator
be as being the most difficult
to accomplish
the difficulty encreasing
with the repugnance of
the deft and that with
the apprehended suffering.

Of the two objects, it is at the same time evident enough that
it is the direct object — the justiciability of the defendant that is
the most important, and that which for its accomplishing the securing of it requires
the greatest attention and exertion on the part of the legislator. The
exertions which the defendant sacrifices and exertions of all kinds/ in all sorts of ways which the defendant will make to escape it are susceptible
of every degree of magnitude: they depend on the suffering which
the defendant has to apprehend in case of their being proving ineffectual
and these are susceptible of every degree from intensity from that
which is the result of the most inconsiderable pecuniary loss to that
of the severest degree of punishment.

14
2 inasmuch as the
failure of justiciability,
being failure
of justice, is attached
with the greatest inconvenience.

The importance of the mischief resulting from failure of justiciability
varies in the same degree and rises to the same height.
Failure of justiciability so far as it is compleat, in its immediate and necessary
consequences neither more nor less than failure of justice — of
direct justice: impunity in penal cause, loss of right — of the
particular right in question, in a penal cause.

125
The plaintiff can
not do any thing towards
securing the justiciability
of the defendant, without
render affording for his
own justiciability whatever
security the
Judge thinks fit to
prescribe.

On the side of the plaintiff, the scale of importance has
not in either respect near so wide a range. In a purely
penal of punishment he has not any personal satisfaction to
call for [at the charge of the defendant] on his own account — in which all he
has to gain is the satisfaction pleasure of succeeding in his endeavour to
bring punishment the of the defendant.

that Dependant altogether for the success of his exertions are the cooperation
of the Judge, he can not secure do nothing effectual
towards securing the f justiciability on the part of the defendant
without putting himself under the orders of the Judge, and submitting
to whatever obligations may be the Judge be regarded as necessary
to secure his (the plffs) fa justiciability in favour of for the benefit and security the defendant.

Identifier: | JB/057/072/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-05-30	Marginal Summary Numbering	13-15
Box	057	Main Headings	evidence; procedure code
Folio number	072	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18402
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