JB/058/375/001

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June 1805
Evidence

§. 3. Profitable suits encreased, by the Encreasing expence encreases profitable, as well as diminishes unprofitable suits

Nor was the clearing of the Court of unprofitable suitors the only service
yielded in an indirect way by the augmentation of expence.
While it diminishes just litigation, it encreases unnjust Though on both sides just litigation is was diminished, unjust is was encreased: viz. on the
part of that one of the suitors his adversaries, demandant or defendant, who is able and
and willing to pay the price set upon the judicial service, while his
antagonist is unwilling or unable shut out by inability or reluctance. A public shop was
thus opened, and that a most public one, for the sale of the faculty of Oppression:
and that in either of two forms, according to the texture and exigency of
the customers case. In one state of things he committs the every whatever injury wrong he
he committs is in the first instance, trusting for success and impunity and success
to the inability of his adversary's not coming up to the price shrinking from the prize put
by the man of law on the chance he sells ticket he sells in the litigation lottery of procedure litigation .
In the other case, he borrows hires and employs the hands of justice, the very
hands of the Judge and his associates and subordinates in the production of
the mischief. In the former case indeed, the profit produced extracted to or by to the man
of law is produced not quite as assured indeed as in the other: since
if the party marked out for injury destruction be altogether without the hope bereft of the prospect of
being able to pay the price put upon the chance of redress, he will
institute no suit: in which case the oppressor gains obtains his ends gratis
compleatly gains his ends, and while the man of law as compleatly loses
his. But another case, and perhaps a no less common one, is –
where the party injured, blinded by his own resentment and deceived by the
adviser whose interest it is to deceive him, puts in the becomes character of and a consumer the suit,
without power to carry it through to an end. Meantime the wrongdoer, assured
before hand of his being provided with a sufficient stock of the pecuniary
means of defence, defends fights the ground inch by inch harrasses him without mercy plying him all
the time with those obstacles and stumbling-blocks which the man of constitute the
stock in trade of the shop of justice law deals in, and from the sale of which his profit is derived: But while
either side thus plays off its artillery, the other is obliged to do the same: so that
in this case the wrongdoer in pay, does not reap engross the whole of the profit; but shares it
shares it with admitts the man of law,
his instrument and accomplice,
to a share.

Identifier: | JB/058/375/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06	Marginal Summary Numbering	1-5
Box	058	Main Headings	evidence
Folio number	375	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d10 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19044
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