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(12) (4)
13 April ☞ Quere as to the number
of this page?
Suplement
§.2. Elucidation
Such is the case under the existing system. But
under the here-proposed system, under the influence of
the maximizing principle, as applied to use in the manifold mode with or without the
aid of the natural-sign-recording principle applied to
use in that same mode, the subserviency of Appeal to
the best interests of the justice would be placed above
dispute.
But there are two things ideas for the injection of which
into the minds of learned gentlemen and the minds led by
them, or in confederacy with them not all the power of language, were it even aided by
the power of steam. One is the effect of factitious costs in
the production of sale and denial of justice: the other is the
effect of self-regarding interests, in giving determination to
human conduct.[+] [+] Take any one of these
three truths put a
speaking trumpet to his
ear, sound it till you
are hoarse, he will
not hear it: keep it placarded
over his door
no letters of any size
for any length of time
he never will he see
it [in every situation in life.]
In regard to costs the notion is — that as they
do not wear the form of a prohibition they do not produce
the effect: the truth is that they not only produce the effect,
but much more than the effect. In the direct and open form
the effect whatever effect is intended, is in a vast
proportion frustrated by the of inaptitude and consequent
debility in the system of procedure: whereas in the
case of a law every law in judicial usage by which costs be established establishing costs as if the number of these
laws which as the phrase is execute themselves, no process,
no evidence, no argumentation necessary
So in regard to interest and motives. The notion is —
that on the part of all men who have ever written on the subject
of law, or on the desire and endeavour has been to render it as
conducive as possible to the greatest maximum of leisure, by
its subserviency to the ends of justice: and that, in whatsoever
particulars the existing system has failed of effecting the compleat
attainment of these ends, the failure has had for its
cause partly the unchangeable nature of things, partly the those informalities
in the which are so deeply rooted in the nature of men
that they still remain in some small degree
unremedied, even in such learned, such pure, such pious such highly exalted
minds.
Identifier: | JB/081/335/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-04-13 |
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081 |
petition for justice |
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335 |
petitions |
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001 |
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text sheet |
1 |
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recto |
c12 / c4 |
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jeremy bentham |
street & co |
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antonio alcala galiano |
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26122 |
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