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13 Feb. 1804
Evidence
If justice be worth the time bestowed upon it in this way in a
court called the King's Bench a Court of Common Law there is no reason why it should be worth
less in another court, called a the Court of Chancery Court of Equity. At any rate
it is not the fear horror of delay that prevents men in the Court of Chancery
from bestowing the time that is required by justice necessary to be employed by the
Judge who would thinks it worth his while to do justice.
Other systems can shew greater imperfections absurdities, but none can shew
equal inconsistencies. No other nation under the Law can produce
two courts of equal dignity, sitting within ten feet of each other, and
deciding continually upon disparate or opposite mutually repugnant principles. In no other
nation is a Court to be seen which employs itself in stopping suits
that did not begin it, and in beginning suits that can not be ended
in it.
which No other nation has the misfortune of seeing the law
the rule of action, split into two overlapping jarring divisions fractions fragments – one which
is supposed to be of an ordinary kind, and retains the name of law; the other which is supposed to be of a
better sort a superior sort, and is called Equity.
See which is at liberty to try causes in a proper way, and
accordingly does so in some instances: another which is not
in the habit of trying causes, and therefore never does try any in a proper way, but when it happens
to think fit they should be tried in a proper way sends them to be tried
elsewhere.
Suppose a regard for justice the interest of the suitors to have been the object final cause of all.
Ascribe these inconsistencies to a regard for justice, every thing is inexplicable: suppose ascribe them
to a regard for an opposite interest an interest opposite to that of justice the suitor, every thing is
plain and easy.
Identifier: | JB/058/401/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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