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May 1805
Evidence
This opposition between the two classes of ends is matter of no
tight moment: it is not mere speculation" Speculation? yes: but that sort of speculation that it has had no small
influence in practice. Upon no favour a foundation has that immense
pile of abuse been erected, which in the course of this work
here will be but too much occasion to delineate.
Without a certain vexation, expence and delay, misdecision –
misdecision to the prejudice of the defendant's side – can not be
guarded against: therefore vexation, expence and delay are conducive
to the ends of justice: therefore the pursue the one end class of ends
you must pro tanto abandon the other: the more zealously you
pursue the one, the wider your departure deviation from the other. Vexation
expence and delay constitute the price you pay for justice: avoidance
of misdecision being that the end which on the present occasion stands is the
representative and substitute of all the ends of justice. The better higher
the price, the better the commodity: the better the commodity the higher
must be the price: and e converso the higher the price, the better will the commodity
be.
If this be good reasoning as applied to justice, try it upon
bread. A penny is the price I paid for the loaf I have before me. The loaf I am about to breakfast upon: cost me a
penny: be instead of a penny, had I paid twopence for it,
the quantity of nourishment contained in it would have been double.
Are men convinced by such arguments, or do they only pretend to be so?
Are they the offspring of imbecillity or of improbity? From whichever In whatever
merit they it originated, such are the arguments is the reasoning that pass current under
the names of Montesquieu and Blackstone.
Identifier: | JB/058/126/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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