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5 May 1805
Evidence
Whatever degree of importance may be seen to appertain found belonging to is this topic when considered
viewed on the ground of utility, will not be appear diminished
when viewed on the ground of novelty.
In the subject of judicial procedure there is not want of in
any nation any want of treatises books But in the language of no nation can any
book be produced found in which any so much as an attempt to give a comprehensive
and systematical view of the ends of procedure is to be found. Books in abundance No want
of books on procedure professing having for their object to shew what it is:⊞ ⊞ too difficult to be handled
with effect immaterial to be worth
mentioning, or too irrelevant
to be candid upon mentioned with
propriety,⊞ or too delicate invidious
to be trusted upon without
a violation of the rules of
human procedure. none to be
found any where exhibiting so much containing nowhere so much as an attempt to shew what
it ought to be. Here and there a book or a part of a book
pointing out here and there a supposed defect or abuse particular imperfection, with here
and there a hint towards a remedy. The imperfection, if real
(and in what instance is it not has it not beenreal?) consists in some instance example
if an established or habitual disfulfilment of some one or more of
the lone ends of procedure the ends of justice in respect of judicial procedure, and not unfrequently,
of the end so disfulfilled, such as avoidance of unnecessar
vexation expence or delay (understand unnecessary or preponderant
vexation and delay) some mention, more or less explicit, is made.
But of any attempt to give any such statement distinction as that of a distinct and all-comprehensive
of the several objects entitled to that appellation,
or so much as to speak of any of them by that general name,
not an example is to be found any where. Alluded to in the lump, under
some such vague designation as that of the first principles of justice, they are
supposed to be known to every body: but whereas if as indeed they are known to every
body they are not the less in secret to every body, if it be true that as yet
there exists no man nobody who has by whom they have been disclosed to anybody
else.
but in these, if any endeavour to exhibit or so much as to inquire, how far what is
a as conformable with what ought to be, scarce a trace is to be found. The existence coincidence
is presupposed presupposed and expressly or tacitly assumed: the existence of it is regarded
as bearing a matter of fact either too and notorious to need speaking of mentioning, or too
immaterial
Identifier: | JB/058/025/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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