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1826. Octr Novr 14.
Review of Humphreys.
Conclusion
Idea of J. B.' Procedure
(1.)
Where the only appropriate ends are looked to,
and the wish to attain them really has place, the mode of
attainment is simple, approved, and by constant experience
shown to be effectual. By sinister interest
and that alone, has the existing portentously complicated
mode been substituted, in times of primeval barbarianism:
sinister interest — first originally, of the King, but immediately ingrafted
on it the sinister interest of his instruments,
the Judges. Not that even now models of the right track
are wanting: procedure of the Master and Judge of a family —
procedure of both assemblies of the Legislation of their
Committee at any rate — procedure, when summary, even
of Justices of the peace. For coming at the truth, it is not
the knowledge, it is the will that is wanting: where
such is the desire, if the end be not accomplished,
still that course is taken which affords the best
chance for the accomplishment of it.
All comprehensive end of judicature, giving
executions and effect to the rule of actions, the tenor
of the law — But of this rule the existence must be
real, not fictitious. Specific ends direct avoidance
of misdecision and non-decision: collateral ends,
avoidance of needless delay, vexation and expense.
Should these only legitimate ends ever become objects
of pursuit — the first instrument necessary will be
a sponge applied to the whole of Westminster shall
practise — the Common Law side and the Equity side
Ends there pursued the actual ends of judicature those diametrically opposite to the
ends of justice — maximization of needless delay,
vexation and expense for the sake of the profit
extractable out of the expense. Maximization of
misdecision and non-decision for maximization
of needless delay, vexation and expense.
Identifier: | JB/078/149/001 "JB/" can not be assigned to a declared number type with value 78.
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Review of Humphreys |
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Review of Humphreys |
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