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19 May 1803
Evidence
Under the influence of this principle of corruption, two circumstances the virtue of the
of additional misfortune press upon the mischief receives an addition from
If in such a state of things, the quantum of recompence exigible
on each occasion, could be and were to be limited, limited two other circumstances.
by any authority power still higher than the judicial, the seeming remedy One is, in point of magnitude, and that a most enormous one. The
would be but an enhancement, an enormous enhancement of the
grievance: the quantum of exigible on each occasion not being
the number of occasions affording it would be encreased. But
the quantum of emolument exigible extractible by a Judge from any such
occasion, will never make correspond to more than an aliquot part a portion of the
aggregate extra whole load of vexation and expence imposed on the suitor by
that same occasion: so that in this way for every particle of
profit benefit received into his own purse, the Judge, with or without intending
it, will be was obliged to load the suitor with a burthen
some number of times as great.
Unfortunately for mankind, the Another is in point of duration, past and probable future. The non-necessity of any unnecessary or given encrease
addition to the number of such occasions, that is of the operations required
to be performed on those occasions, has never been so manifest to the
eye of an ill informed and incurious public, as any addition public eye, ill-informed as it is, and through despair of information incurious in
this ground, as the existence of any addition that may happen on any this or that
occasion to have been made, to the quantum of emolument extracted from any one such such occasion:
and thus it is that in every known state of things society past or present
the system of judicial procedure has been converted into a system of depredation.
While the administration of justice has been the ostensible object,
extortion has been the object principally pursued, and with much
superior success.(a)
(a) In Geneva affords may be seen an exception: but of such as not, as that sort of exception
which operate in confirmation of the rule.
Identifier: | JB/058/209/001 "JB/" can not be assigned to a declared number type with value 58.
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209 |
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recto |
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jeremy bentham |
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18878 |
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