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IV Instructions to the Legislator
ch. General view
S. Ends of Judicature
1
General view of
natural system of
Procedure
General view of the Natural system of Judicial Procedure
for the application of which the here proposed Judiciary
System is designed: composed and contracted with
the only systems as yet any where established — all
of them so many modifications of the technical System
2
Importance of a
system of judicial
procedure
The here proposed system relative to the creation and distribution
of judicial power can no otherwise be subservical evidence to
the end at which it aims them in so far as a it
has for its accomplishment a system of judicial procedure correspondent framed in conformity to it and
directed to the same ends: the truth the system of in truth as between the two
procedures is the main object — the object that stands
nearest to the common and the greatest happiness of the
greatest number: the judiciary System is but an
object the carrying into effect the
correspondent system of procedure.
3
Ends of procedure
direct & collateral
The hereinafter proposed system of judicial procedure
has for its object the fulfilment of the normal
ends of justice — the only right and proper and defensible ends
of judicature. Main and private end — giving execution and effect
to the substantive branch including all the normal other
branches of the system of law: collateral and negative end
minimization of collateral evil [or inconvenience] in its
several shapes of delay, vexation and expense.
4
Procedure both to one
expression — general
end minimisation of
misdecision
To reduce both to the objects to a correspondent expressive formula expressions to the same form
to the phrase giving execution and effect to the
substantive law may be substituted — minimization of
misdecision; for decision may with propriety stated
misdecision in as far as it fails of giving execution and
effect to the law as above.
Identifier: | JB/057/129/001 "JB/" can not be assigned to a declared number type with value 57.
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1824-01-13 |
1-4 |
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057 |
constitutional code; procedure code |
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129 |
procedure code or const. code judiciary |
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001 |
instructions to the legislator |
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text sheet |
1 |
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recto |
e1 |
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jeremy bentham |
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18459 |
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