JB/058/376/001

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14 June 1805
Evidence

In both cases the mischief that is done is equally alone the handy-work
of the man of law: the fruit collateral but not less certain result produce of the tax imposed by him, and for
his own benefit, on that sort of commodity to which he gives the name which goes by the name of justice:
but in one case that is done by mere terror of the man of law, which in the other
case can not be done without force actually applied: in the one case
the man of law sees the whole profit reaped got in by the wrongdoer, and
gets some of it for himself: in the other case the wrongdoer is forced
to let the author of the iniquity into a share of profits, and the
business goes on in a partnership. If it were possible to come in
for a share in both cases all cases, the man of law of course would not
have a single door open through which the wrongdoer might thus cross in
and get to himself the whole of the profit without to himself without
paying for it and get the whole profit into his hands without allowing
any part to him to whom he is indebted for the whole. But
the two cases are so mixed that they can not be separated: and thus so that
as to this part of the course, the man of law is obliged in each
individual occasion to take his chance leave the matter to chance.

Upon the other plan, the wrongdoer does no part of the mischief
by himself or with his own hands, but from the first makes use of does everything by

Upon this plan there is at any rate no suit in the first
instance, and either there is no suit at all, or at any rate none
till after the main wrong is done: but the wrong doer, the wrongdoer
rests, as it were upon his oars, and if thereupon a suit does take
place, the part which he acts in it is the defendant's part part of the defendant in the cause.

If he prevails the species of injustice (over and above the vexation
expence and delay in the case of litigation) the species of injustice produced
by the plan of injury is that which is called comes under the denomination of fortune of justice,
and which, according to the point line of conduct maintained by the party injured
has for its immediate cause, either Non-Demand, Desistment, or misdecision
to the prejudice of the plaintiff's side: misdecision ultimate misdecision being under
the technical system the result that takes place, as of course, wherever the party
who is in the right is unable
to pay the price set upon the
decision, when given on his side,
in favour of his side.

Identifier: | JB/058/376/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-14	Marginal Summary Numbering	5-6
Box	058	Main Headings	evidence
Folio number	376	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d11 / e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19045
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