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8 April 1805
Evidence
In these political tribunals, as in the domestic,
so it has happened, procedure has had for its ends, the
ends of justice. Awakened Roused out of his lethargy trance by the
of different necessities various necessity, the legislator has exerted himself
and rescued the suitor out of the hands of his natural
enemies and licenced plunderers depredators.
In the domestic procedure judicature the system of procedure having the
peace and comfort of the family for its object, has the interest
of and for its efficient cause the of the head of the family, has the pursuit of that interest
of the family for its final cause.
In that natural branch of political judicature in for into which
forced by the urgency of the occasion, the legislator has prescribed
or permitted the restoration of the natural mode, that is of which is no
more than the domestic mode constructed acting only upon a larger scale, the system
having in those instances too, few as they are, had the peace and
comfort of the thus enlarged great family for their its object, and for its
efficient cause the power of the head of the family, acting in
those few instances in pursuit of that object, and by its own the light
of its own wisdom advice, has also had the interest of that family for its final
cause: and add, and the welfare of the family, so far
as concerned, for its final result.
Under the name common denomination of technical procedure, let us comprehend
once for all every system of procedure that has been the work of from which the characteristic
lawyers feature of the natural, as above delineated are excluded: which is as much as to say every system of procedure which has been the work of lawyers.
Having for its efficient cause the power of lawyers – a power virtual
and unperceived power of legislation committed to them or rather abandoned
to them by the negligence and imbecillity of the rightful legislator
it would of course, and in virtue of the universally prevalent principle of human
nature, have for its object the promotion of the – the wisdom authority of the , employed in the legislation the profit capable of being extracted from suits from that source, and in most
of the possessors of that power for its final cause.
Identifier: | JB/058/402/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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