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23 Mar. 1805
Evidence
Under the first and second of those modifications From the appearance
of the parties in the presence of the Judge in the first instance
the following good effects result one good effect takes place of course. No litigation altogether perfectly groundless
can be any further carried on on either side: on either side no claim preferredadvanced nor
resisted, for the mere purpose of oppression as to on the part of the
plaintiff no claim advanced demand made of the
Of the importance of this arrangement no tolerably adequate idea
can be so effectually obtained by any other means as by considering observing the state
of things that results necessarily and universally from the want of it.
The In the character of plaintiff a man not being present
subjected to any questions either on the part of the defendant or on
the part of the Judge respecting the grounds of his claim, and the
circumstances that present it to his own conception in the character of
a just one, has nothing but the expence and vexation attached to the
litigation in the character station of plaintiff to restrain him from subjecting to the correspondent
mass of expence and vexation any person whom at that expence price
to himself he is content desirous of tormenting or oppressing at that price.
In this stage of things, every bad wicked man sees finds himself in possession
who is at the same time rich enough to support the expence feels sees himself
in possession of a power, the force of which encreases goes on encreasing with
every atom of expence vexation and delay that which in the species of cause in question happens to be
attached to the situation of Defendant. that species of cause Is it
article of property a sum of money or a specific article of property that he ? It is
not necessary that he it should ever so much as have entered into his own
conception that he has any the smallest so much as the shadow of a right to it:
the amount of the costs of suit being known on one hand, the amount of the Defendant's
relative pecuniary ability – of the quantity of the matter of wealth that he is able to apply
employ in this way on his own defence being known, on the other hand,
if the latter quantity be less than the former the victory is secure.
Identifier: | JB/058/297/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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