JB/081/386/001

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1829 May 2
Petitions

++ 10
(1) 10

Supplement
§.2. Elucidation
History & Ætiology

or 2
Groundless the
notion that the regular
is more conducive
than the summary
to right decisions

Sole mode well adapted to the character of the truth and right
of the a case, the regular mode: the summary, no better
than a makeshift, by which, to save delay and expences
a comparatively ill adapted mode is employed: by lawyer such
by all lawyers, such is the conception universally endeavoured to be recognised implanted,
by such by most lawyers — not to say no great wonder if by all, not
improbably actually entertained. In judicature as in mechanics:
a sort of choice or compromise. In mechanics, what
you gain in time, you lose in power; what you gain
in power you lose in time: in judicature what you
gain in respect of the collateral, you lose in respect of
the direct ends of justice. So much for imagination Is this so in reality? Not
it indeed: an illusion altogether: the closer your examination
the clearer will be your conviction.
Yes. by the summary mode in the summary course
you will see not only the promptest and cheapest course
that can be taken for coming at the truth, but the surest.

Addition

From p.9

Now then Suppose now that through the
after admitting that the summary mode is most apt in the
cases in which by Parliament as above it is established
it is — the assertion an assertion made by any body is — that where by Parliament
the summary mode is not established it is not the
most apt mode. Or where lies on this supposition does the onus probendi lie? On
the opponent of the summary mode assuredly. On
him it lies — to shew in what ways and by what means in each several case
the chance for tight decision would be diminished, the
chance for misdecision encreased, by the substitution of
the summary to the regular mode. the many
Any such means do they exist? If yes it is in his
power to bring them to view. Does he decline this? by doing
so he gives proof that none such is he able to find,
to contradict his own assistant, if he has said there are.

Identifier: | JB/081/386/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-05-04	Marginal Summary Numbering	or 2
Box	081	Main Headings	petition for justice
Folio number	386	Info in main headings field	petitions
Image	001	Titles	addendum
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d10 / e10
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	jeremy bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	26173
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