JB/057/281/001

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1825. March 14
Procedure Code

6
Ch. Ends of Justice
(6 § .1. proper Ends of Justice

16
Procedure according to
proper ends supposes a
substantive Code according
to greater happiness
principle

Art. When the giving execution and effect to the
corresponding portion of the body of the law is termed the proper
object of the Procedure Code and according thereto of judicature
an assumption included in the portion is a assumption
to wit that the substantive branch of the body of the law has
for its end in view the maximization of the happiness of
the greatest number of the members of the community of the state

17
In every political
state present confusion
of real & imaginary
law.

Unhappily, as yet in every known political state
a large portion of the body of the law real and imaginary
together has had for its end in view not that only sole warrantable
end but another and different from and opposite
to it: to wit maximization of the gre happiness
of the ruling few at the expence of that of the subject many
Here then comes in a scene of confusion and perplexity
To one and the same system of judicature it was apt and
unapt: unapt with relation to what ough has been and usually
is the end of government acting in the field business of legislation:
but on that very account apt with relation to that
which ought to have been its end and is not its end

18
This confusion amply
exemplified in English
law

This scene of confusion will be seen but too plainly exemplified
in the English system of procedure: the such advantage
which is under that government the condition of the people
possesses when compared with that under every other European
government being in an inconsiderable degree owing to the matchless preeminent
inaptitude of the P system of procedure (for p Procedure
Code it has there is not any) followed in that country as to the giving
execution and effect to the Substantive branch of the law. Under the
existing form of government the grand secured of Englishmen consisting in the
weakness of infused into the substantive law by the views of the adjective.

the

Identifier: | JB/057/281/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-03-14	Marginal Summary Numbering	16-18
Box	057	Main Headings	procedure code
Folio number	281	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e6
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	18611
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