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23 Mar 1805
Evidence
Though in the character of defendant, or rather to speak strictly, of a
person prepared to become defendant, injury is not easily done
where the state of the law legal arrangements is as still more easily and securely operated and that for in the view the purpose of oppression than
in the character of plaintiff, it is not any such that precise view
it is not in the situation station by men occupying any such commanding station of an oppressor, that mischief by under a system
of procedure favourable to injustice, mischief unjust defence is produced in greatest and most deplorable abundance. Of the
mischief injuries done in this character, not overgrown wealth overbearing opulence but its opposite
poverty is by much the most frequent cause. To stave put
off as far as possible the evil day, to prepare for flight change of
place, and in the mean time to remove out of the reach of justice
that area portion of the mass matter of wealth that ought to be should be employed
in satisfying the demands of justice, these such are the natural
objects areas of probity the improbity, the too natural accompaniment but too natural associated with falling
fortune fortunes. In this state of things, whatever means of procrastination
are afforded by the weakness of the law defects of the legal system, natural or factitious,
are purchased of course at the price set upon them by the vendors: and
the stock assets means of payment which should have gone to the plaintiff into the pocket of the defendant
plaintiff to satisfy the demands, is shared by between the dishonest defendant
with and the man of law: between the fugitive weak author of the unjust inequity and its protectors
of all class the various classes of its' protectors.
Such is the tyranny organized that is established that takes place of
course wheresoever this characteristic feature essential arrangement of the natural mode
of procedure is departed from and dispensed with: the tyranny
of the rich over the poor indigent. Such is the short description of it,
but by this short so short a description it is not, yet placed either in the
darkest which is at the same time the justest point of view. A tyranny
of class over class would be bad enough: but the tyranny thus established
is the tyranny of individuals over individual in each class. Comparing class
with class, it is of advantage that – superiority – of power is possessed by one
class over another should be possessed by the richer of the two. Why? Not
because in superior opulence taken by itself there is any merit, in inferior any demerits, but because
between superiority of wealth on one hand and superiority in probity as well as understanding
on the other there is a natural connection. Superiority in both respects is the work of education
and the improving class with class the means of education are abundant in proportion
to the degree of opulence. But in the tyranny here in question the oppressed being unlikely
to be of the same equal rank (not to speak of superior) with the oppressor, the subjection they
established is purely unmixed evil, uncompensated unaccompanied by the least particle of advantage.
Identifier: | JB/058/299/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-03-23 |
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058 |
evidence |
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299 |
evidence |
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001 |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham |
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18968 |
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