JB/081/322/001

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1829. April 19
Petition

++ 25
(2) (2

Supplement

§.2. Elucidations
Justice of the Peace
Official Establishment
Petty Sessions
Evils
1. Evil. 1. Fluctuation

(1)

On looking 1 Evil the first, the fluctuation. Looked at a little more closely this evil of fluctuation
is found to be no other than blunt mentioned in the Petition under the name
of Mischievous transference &c. Yes: in space the same, and then in
words But in degree the difference is unbounded: then it is that
it is only by one circumstance and that an accidental one then in this case under the summary
system is prevented
from being much greater
than under the regular
system. This circumstance
is the journey or
journeys which under
the regular branch
of the existing system
the suit law to make
the suit suit with a proportion
of the number
of the persons who have
parts to act in it: which
under this summary
branch of the procedure
the scene lies commonly
the whole of the time in
the same place.

Detriment produced
to justice by the boundlessly
repeatable and diversifiable
transference and
correspondent fluctuation
in the number of the Judges
and the correspondent
boundlessly repeatable and
diversifiable transfers
of the suit from hands
to hands, this — Vote
by any one — by each one
of any number of these
Judges — Vote given
on the occasion of each
judgement decision — three or
four as depends upon him
the judgement decision itself.

(2)

Thus, under the name and semblance of justice, is
the condition of the parties, in so far as at stake upon the
word of the suit, reads the spirit of chance. 2. Evil Thus at
the very best; and or what is so much worse, and may have
place in any proportion of the whole of the number of the Seats
of sinister interest and and consequent under the mask of justice: and this worse
case may have place in any proportion of the whole number of the seats.

Now for explanations. 1. Evil the first —
fluctuations, as above. Consequences, these Vote guilty
as a , thence, so far as depends upon him, decision
pronouncement on the ground of no more than
a fragment of the aggregate mass of the evidence
which has or might have been elicited in the course
of the suit: having accordingly for it's ground perhaps
more of the evidence in favour of one side, than of
the evidence in favour of the other side; perhaps even
the whole of the evidence in favour of one side;
no part whatever of the evidence in favour of the
other. And so in regard to argumentation.

(3)

True it is that, to a certain extent, this
sort of imperfectly grounded decision cannot, in the
nature of things, be altogether excluded: all that remains
to be done is, to minimize it: which, accordingly, under the here proposed system, as will be
seen, is done: and this with such effect as to render
the detriment to justice in quantity almost evanescent,
in comparison with that which has place
even in this summary, and least bad made; of
the existing system.

Bad enough is the chance for
justice rendered by the first of these two evils.
But now comes another evil, by which the chance
is rendered much worse.

Identifier: | JB/081/322/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-04-10	Marginal Summary Numbering
Box	081	Main Headings	petition for justice
Folio number	322	Info in main headings field	petition
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d25 / e2
Penner	john flowerdew colls	Watermarks	street & co
Marginals		Paper Producer	antonio alcala galiano
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	26109
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