JB/057/251/001

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1825 Jany. 31
Procedure Code

Ch. Preface or Conclusion
§. General Review
Characteristic

File
Another characteristic
Flexibility

§. Characteristic of their system 1. Flexibility principle

Another characteristic of this system is its flexibility:
the provision it makes for minimizing evil in each
individual case according to the proportion as to the quantity of evil reasonably
to be expected in the different cases giving the preference sometimes either
to the direct or sometimes or to the collateral ends of justice.

The pr topics to which the diversification is susceptible
of being applied and is here applied accordingly may be thus
enumerated

Topics for diversification
1 Distance as to place
2 do as to time
3 Circumstances affecting
sensibility

☞ Here collect them together: 1. Distance in the line of place.
2. in the line of time. 3. Circumstances affecting sensibility, as
per Introd. to Mor. & Legislation &c

Objections to flexibility
1. Danger from blameless
deception
2. Danger from of abuse
by erroneous judication

The only objection that principle — the flexibility has
open to it 1. charges of blameless deception in respect of the fa appropriate
facts: 2. charges of abuse by perpetually erroneous judicature
in relation to them

But evil from inflexibility
predominant
over evil from flexibility

But here as elsewhere in the account between good and
evil the quantities to be considered is most absolute, always
relative and comparative. Compare then the evil
from flexibility with the evil from inflexibility. In case
of flexibility, the matter will be thoroughly conducted of the
chances be all in favour of the doing less evil by the application
of it than would have place if no application were made
of it: but and where there is no flexibility the chances against the
hitting the right correct point are an infinity to one. In these as
in other cases, the arrived at may be : but in this
as in other cases the state of things supposed by the objector would
be strangely different from that which is certified by memorial
experience and observation, if the surest course for hitting is
made surer by never aiming at it.

Identifier: | JB/057/251/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-01-31	Marginal Summary Numbering	not numbered
Box	057	Main Headings	procedure code
Folio number	251	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18581
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