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3 May 1805
Evidence
This sophism, such as it is, is the stronghold of that system of
procedure, which we shall have occasion to mark out for merited public
indignation, under the name of the technical.
We may now shall then see in an additional a further point of view, the
importance of the epithets necessary and preponderant: but
particularly of the epithet necessary, employed for limiting applying the a limitation of
description of the incidental ends of procedure: avoidance of
vexation, expence and delay whe in so far as new not necessary
and where preponderant.
In every instance, to the avoidance of misdecision, A certain increase of vexation, expence and delay is
necessary. Such on every occasion is the plea of the man of
law, in favour of the quantum of the measure of those evils to which on that occasion he
has given birth. Yes vexation expence and delay are necessary:
th yes in a certain quantity, on every occasion, they
are all necessary: but the quantum proportion to which on this or that occasion
you have given birth introduced entrance is it in the whole and without destinction
is deduction necessary? that it is so is what you stand bound
to prove. That they are all of them, and every particle of them
so much evil, is too evident to bear denial: that to introduce
evil is an operation necessary to all government: but on every
occasion in which any particle of it is either introduced or
suffered, two propositions require to be made out by him by whom
they are it is introduced, suffered or defended: that the good, for the sake
of which the evil is introduced or suffered is with reference to the evil
a preponderant good in value: and that of to the attainment purchase of the good, the evil
is necessary to the attainment purchase of the good.
Identifier: | JB/058/127/001 "JB/" can not be assigned to a declared number type with value 58.
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127 |
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jeremy bentham |
1800 |
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18796 |
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