JB/058/214/001

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19 May 1805
Evidence

In this way we have seen the Judge deriving his double advantage
from non-demand, desistment, and non-decision, with their attendant evils, the
results of the tax he has imposed: how the same advantage advan
has been is extracted by him from another cause of those same evils misdecision, remains to be explained.
The case of operations, unnecessary of useless in themselves, rendered necessary
by institutions, by his own appointment made for the purpose, has already
been brought to view. But by what means have they been
thus rendered necessary? – by appointing, as the punishment of him that one of the partiesv who shall have failed in the performance of them, the loss of his cause. But
every such decision, being thus upon the face of it undue, is a
decision in the table of one or more of six out of the same ends of
justice: if the demandant be the party their punishment be the
demandant, one or more of the three direct ends: of justice if the defendant, one or more of the three ultimate collateral ends.

Misdecision through what is called corruption might here be have been added: but
misdecision from any such source belongs not to the by any particular arrangement here
the fundamentally vicious arrangement here in question.⊞ It affords
not any peculiar facility inlet to misdecision from that source:⊞ ⊞ under that system
misdecision through corruption
is not less exposed
to punishment, less exposed
to defection than under
the appointment any other, it
acts rather as an obstacle to misdecision: for the more emolument
a man may reap has it in his power without exposing himself to punishment,
or so much as to reproach shame the less need has he to expose himself to punishment in
at pursuit of it.

Identifier: | JB/058/214/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-19	Marginal Summary Numbering	4-6
Box	058	Main Headings	evidence
Folio number	214	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18883
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