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7 (7
One thing should never be out of mind. As between
regular and Summary applied to the different courses of procedure
one a prop notion which by all the members of the
Judge and Co partnership will be endeavoured to be propagated
and by some of them not impossibly such is the
force of interest-begotten prejudice be entertained is —
that which the to the attainment of the collateral ends of justice.
But as to say the minimization of delay, expence and
vexation the summary mode is most conducive, — to
the attainment of the direct ends of justice — and in
particular to the giving execution and effect to the correspondent
portion of the substantive branch of the law, and thereby
to the keeping excluded the evil of misdecision the regular
course is the best adapted: in such sort that
in so far as it is to the summary course that employment
is given a sort of compromise is effected, a sacrifice
being made of the pursuit of the direct to that of
the collateral ends.
But the more closely the attention of the reader which has applied
to the matter of this Petition here in question, and the exposure therein, and of the several Decrees, or to
the Rationale of Evidence, — the clearer and stronger will (it
is confidently hoped) be his conviction, that the regular
course of procedure is not more adverse put to the: the
here proposed summary course more unquestionably conducive
as to the direct than to the collateral ends of justice.
At any rate to the collateral ends of justice not only the summary
here proposed summary mode but every mode to which that
denomination can be applied with truth and propriety, by
the very supposition the more conducive of the two: and
if so it be that to the direct end of justice so it be that the
factitious delay and expence with which the spread over by
the regular course in one of its branches a superior probability
of attainment with respect to the direct ends of justice is indeed
produced
produced upon him by
whom this the supposed existence of
probability is afforded
upon him so surely
lies the burthen of proof,
the obligation of rendering it manifest that such his assistance is well grounded. But before any such proof is adduced, the whole nature of things may have
been changed.
Identifier: | JB/081/383/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-04-27 |
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081 |
petition for justice |
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383 |
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001 |
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text sheet |
1 |
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recto |
d7 / e7 |
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jeremy bentham |
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26170 |
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