JB/058/342/001

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8 April 1805
Evidence

But, in the case in question, misdecision to the effect in question
is the certain result: it is prepared beforehand: deception
is not necessary to it: sight intellection true conception affords no remedy to it:
it is the work not of the Judge, whose discernment if applicable permitted
to act to it might have applied the remedy, but of the law: that
is of the weakness or wickedness or wickeness most commonly of jurisprudential law: that is, of weakness of his
predecessors grown by sufferance into law. Here no deception
is produced, for judgment the judicial faculty of the Judge is not permitted to take cognizance
here to exercise itself: not even is misdecision produced: for
here the mischief takes him springs up of its own accord, nor requires
the aid of decision, fresh and individual decision, to give it
birth to it. A mischief equal to what could have been produced
by deception and misdecision united, is actually produced
without either. It is not that injustice is more or less
probable, but that, in respect of as against the injury in question, justice is impossible.

Of A certain set of proceedings, an enquiry for example into
the truth of a certain alledged fact could the cost to
the Deft would be £40: if upon allegation made by the Plff
of the existence of this fact the enquiry by a pre-esablished arrangement of proceeding takes place of course,
the consequence to the defendant so long as the enquiry lasts, and
for ever if no part of the money is ever replaced to him, is just the
same as if at the instance of the plff he were condemned unheard
in a fine to that amount. But in under the existing technical
system of procedure it is in the power of every man whatsoever
to subject any other man whatsoever to certain suffering in this
way. How? merely by delivering as, according to a pre-established
form any one of the sorts of general allegations by which so many sorts
of suits are respectively commenced. But under the existing system to deliver as any one of those
forms of allegation is just as compleat to a man who in his own knows it not to have
the smallest foundation in truth, as if the fact alledged had passed under his own
eyes.

Identifier: | JB/058/342/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-08	Marginal Summary Numbering	9 continued, 10
Box	058	Main Headings	evidence
Folio number	342	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c6 / c2 / e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19011
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