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4 May 1805
Evidence
§. 3. Vexation (juridical): shapes assumed assumable, persons affected by it.
We come now to speak of vexation. Familiar as is the expression.
The word vexation is but too as well as the thing is but
(not to speak of the thing itself) the idea attached to it is so loose and vague,
too familiar; but, for the present purpose, the idea annexed to it
that in this fundamental part of the work, a few words may be not ill
employed in fixing it.
To render it so, let us regard it take a survey look at it in two points of view:
the different shapes in which, on the occasion in question it is apt to
shew itself: the persons on that same occasion whom it is apt liable to attach: in
what shape or shapes upon each class of persons.
By vexation seems in general to be understood – Vexation at large is neither more nor less than pain, present
and pain, not actually felt as such, considered as produced by some
particular and assignable cause.
So many shapes as pain is susceptible of, so many shapes
therefore is vexation susceptible of.† † See & Dunn.
In vexation taken at large, all the shapes that punishment
itself is susceptible of are included.
Even in the case of juridical vexation the import is not in
this narrow Apply to it the limitative adjunct (juridical, call
it juridical vexation, here thus no part of the extent embraced by the
word punishment is excluded by it. There will appear The proof is
that in punishment in all shapes, produced where undue, is among the
collateral evils, the collateral vexation liable to be the production
of which is liable to be ensue from the best measures
that can be taken for the production of it where due. But
of this in a chapter by itself.
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