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WORDS — after DIVISION 3. New Plan. 1
By the applying this estimate to the line marked out by Lawyers to divide innocence
from guilt, the reader will I trust perceive, how far that line is from considering with
that of utility & comfort the convenience of Society; and how much better it would be that there should be none
at all drawn than one in by means of which a man may have a great remedy where he has suffer'd
nothing, & where he has suffer'd cruelly, have no remedy; & be entitled to any as far as
the mere letter of the Law can give it him, where he has suffer'd nothing
That, where to remedy this disproportion there is no other way that where the shades of guilt & damage may
from the lightest to the deepest dyes, there should be a latitude of discretion in those who have cognizance correspondent
to such variety — that he who cries out first & loudest is often not he who is the worst hurt.
that as some instances the abuse of the inflicts in some of deformities is in instances instances sufferings of the most serious
nature, so the frivolous on the other hand harrassing a man by litigation for a pretended or frivolous if real abuse of it
is itself an injury not to be compensated by the simple tho it were the total discharge of the expences of it
much less by that partial one under the name of legal cost which the present law
affords: that he who is the first to complain is often the first who injured in an
interview in which a multitude of such assaults were reciprocally given and received;
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that the punishing & compensating making amends for one only is therefore without one but a contrivance
for the injury of that one: & that the punishing both by their howling
one another separately for each peccadillo is contrivance over the costs of litigation, where the smart-money compensation
is sifted the a told over a wide-barred gridiron is a contrivance system of contrivances for the injury of both.
That a comprehensive & ...... plan Scheme for healing all their wounds at once of the party
grieved at once for by a Physicians that have no interest but the assuaging of the
pain, and chastizing the author inflictor in to which character province so ever he appear may have cast himself whether
of complainant complaint or of Defendant defence by Judges who have no interest but mercy [under
the controul of a presiding one who brings wisdom to the conference] a larger share of wisdom than they can be depended upon for may be a means of
doing more constant compleat & Justice, than that to which the nation has hitherto been a witness.
In pursuance of these Ideas I would venture to propose that any man should have
a power to call another to Justice under the simple & general charge of having spoken scandalous
words on such a day to such ever effect before such witnesses to his prejudice that the Deft might accompany his plea of "not guilty"
with a retorted charge upon the Deft. confining his on such a day and such & such a day within
some limited distance of time to be limited by the Statute from the day or either of two days on which the Deft dates
his cause of complaint.+ + The Plft may date his on several day within the like interval; & this will on some provisions of detail in case in as may be obvious this general sketch — that then immediately they should be at Issue — that each either party may have
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Identifier: | JB/070/192/001 "JB/" can not be assigned to a declared number type with value 70.
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words - after division new plan |
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jeremy bentham |
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