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1826. Novr 30.
Review of
J. B. v. Sugden
(3)
and the interest, or say the greatest happiness
of the greatest number, is all-embracing and
perpetual: the sacrifice made by them of the interest
of the greatest number to that same particular
and sinister interest, correspondently so. The interest
of the greatest number requires — not only
that the rule of action be itself in the highest degree
beneficial to that interest, but that the application
made of it — the decisions of the Judges grounded
on it — should in that case be as strictly conducive to the
giving execution and effect to it as possible, and
that with the least delay, expense and vexation
possible: delay being, while it lasts, non-execution
and expense having in the instance of all who
are unable to defray it, the effect of perpetual
non-execution, coupled with ruin to all those
who, having instituted a suit in the hope of execution,
are drained of their all in the course of
their endeavours to attain it. But what the interest
of every Judge requires is that, for the sake
of his profit out of the expense, and for the increase
of the expense the delay, with the vexation
inseparable from both those evils, be on every
occasion as great as possible; and that for the
sake of the power, the rule of action as well as the execution & effect given to it should, the rather, because power, in addition to its own intrinsic value, has that which belongs to it in its character of an instrument applicable to the increase of wealth — on
every occasion, be as intirely as the disposal of
his own will as possible. Now then so it is, that
such is the manner in which Judges are paid, that
the quantum of their payment is augmented in
proportion as the expense to the parties is augmented;
and the augmentation takes place either by the
augmentation of the quantity of money paid into
their hands immediately, under the name of fees
to themselves, or by the payment of money in fees
to the occupiers of situations at their disposal, or in both ways.
and if so it is with
these, from what others
can any thing better
be rationally expected.
so much as to their
regard for the greatest
happiness of the greatest
number
and with their concurrences,
this faculty has been secured
to them by a late statute.
The pretence is
that this is no augmentation
of profits to
themselves, for that they
can not sell these same
situations, they can only
give them, as if gift to a
man whom he wd otherwise
provide for at his own
expense, not still more profitable than sale.
Identifier: | JB/078/188/001 "JB/" can not be assigned to a declared number type with value 78.
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1826-11-30 |
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078 |
Review of Humphreys |
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188 |
Review of JB v. Sugden |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
C3 |
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J WHATMAN TURKEY MILL 1826 |
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Jonathan Blenman |
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1826 |
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25279 |
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