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24 March 1805
Evidence
Between technical and regular the want of there is no such coincidence
as between their respective opposites, natural procedure and summary.
By technical the technical system of procedure I understand that system
of procedure – every system of procedure that has had men of
law for its authors – men in law left free to act fashion the system by their own
powers, in pursuit of their own personal, or (what comes to
the same thing) professional, and alike in either case sinister
ends. By regular procedure is generally and perhaps undesirably understood by lawyers understood by lawyers themselves, by whom the names characteristic
of the distinction between that and summary the two systems the other was invented, that
same self-same system which has just been mentioned under the name
of technical. Whatever application and extent the natural – the in general
summary system has received, has been given to it, with or
without their apparent concurrence co-operation, but at any rate against
their interests, against their prejudices, and in spite of their reclamations. In their vocabulary, to the very name Even the name summary has is evidently manifestly attached
itself. By summary they understand, and wish others to understand,
precipitate, and through precipitation imperfect: a system
that in proportion as it is summary wants something of that is deficient in those ingredients which are
which is necessary to its perfection being compleatly suited to its purpose. That it is regarded
by them with an evil eye is manifest not only by its opposition
to their sinister interests – not only by their sollicitous insinuations+ + but by this plain simple and universal fact – there the care
they have taken to avoid the adoption of copying of it, notwithstanding
its undisputed possession of that promptitude of which as far as come
to dear without the reality and the merit they are on every
occasion so sollicitous to obtain the praise.
Identifier: | JB/058/312/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-03-24 |
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058 |
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312 |
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001 |
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text sheet |
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recto |
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jeremy bentham |
1800 |
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1800 |
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18981 |
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