JB/068/364/002

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5
1826. May June 14.
Penal Code
Ch. Remedies
§. 1. 5
Objection 2 Exasperation
produced
instead of Reconciliation
by revival of animosities
Answers Reconciliation
more probable
than exasperation

Objection 2. By reviving distinct animosities,
exasperation is more probable than reconciliation.
answer. This bad effect is not altogether
improbable, but the opposite good effect presents itself,
as being in a preponderant degree probable.

Suppose every suit brought singly without admittance
of accumulation, still less of reciprocation,
have among wrongs on the part say of the pursuer
— among wrongs in any number one alone experiences
redress. Here then make their way out of the
judicatory two parties, both of them in the state
of inadequate exasperation: the pursuer because
for ways in any number has great soever, he
has obtained redress no more than one; the
defendant because of wrongs in any number,
he has not obtained redress for so much as one:
but on the contrary has been as well as
victim to the triumph of his injurious and oppressive
adversary.

☞
note the use of 'all this'
against duels

No judge in this case to present to the view
and feelings of each party litigant the weakness of human
nature as exemplified in his person and conduct: no
judge to explain to each of the litigants the intimacy
of the connexion between effective benevolence of
each individuals self regarding interest: no judge to present to the view of
each the saving in respect of delay, vexation and expense that will be produced
by reciprocal voluntary set offs, instead of waiting for the compulsory
set offs, which after an indefinitely heavy mass of delay, vexation & expense will not fail if demanded
to be made by authority of the judge.

Identifier: | JB/068/364/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-06-14	Marginal Summary Numbering	5
Box	068	Main Headings	penal code
Folio number	364	Info in main headings field	penal code
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b5
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22559
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