JB/067/103/001

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1828. May 1.
Law Amendment or Penal Code 4

Here then justice will require that the sessa sensation
on the one side should be set in the
scale against the sensation in the other: the
suffering against the suffering, and the enjoyment
against the enjoyment: and the difference
alone be administered to one of the parties,
at the upshot of the whole of the account.

Such us the complications unavoidably attendant
on this whole topic, that it may almost be a
doubt whether the best provision that can be
made for it will, by the benefit produced, suffice
to pay for the place occupied by it in the Code.

Altogether vague and inconclusive is the
sort of reason given by Blackstone: an instance
of neglect assumed, and punishment applied in
consideration of this supposed offence. On what
ground assumed? None is stated, none can be
found — offence against whom? Against the party
wronged himself, who has all this while been a
sufferer by the non receipt of the appropriate remedy?
Or against the wronger, who has all this
time remained exempted from the burthen of
administering the remedy.

A state of things much more natural
than any such neglect, is the inability to make
application of the remedy. This inability may be
produced by either of two causes: one natural
and irremovable: the other factitious and removable.
The natural and irremovable cause
is the non-forthcomingness of some necessary
piece of evidence, and to this cause it may happen
to continue in operation and efficiency
for and during any length of time. The

Identifier: | JB/067/103/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1828-05-01	Marginal Summary Numbering
Box	067	Main Headings	law amendment; penal code
Folio number	103	Info in main headings field	law amendment or penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	21936
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