★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Click Here To Edit TURNPIKE ACT. Prelude
The intended which I had first originally formed
It was my wish first thought, to have rendered the new draught as represented in the whole short form an
exact abridgment of the old; but, if I may be pardoned the fact is it be pardonable
fathom the [often] unfathomable
intention of
the conjurers.
if it be pardon
speak this plain
for speaking out the plain many considerations circumstances rendered as I soon found
it impracticable for me to pursue
The expression so often goes beyond or falls short of,
what appears to me to be the design that a true account
of the one, would be a false one of the other.
The impossibility of forming an instrument, that shall at
once be a faithful abridgment of another [in which there
is found reason to complain of these imperfections which
gain admittance into a in proportion of which
as there is the greater demand in it for abbreviation]
and a remedy for those evils aspects which are the natural offspring
of its prolixity will appear when it is considered that
An expression which is clear; is no true copy of one that is
confused — a single intelligible clause very inadequately represents is no true copy of
two clauses that are in contradiction: that a Generic term is
no fit adequate substitute for one or a few of its species only put promiscuously by inattentions
for the whole number.
of the truth of this,
side will be I believe find himself abundantly satisfied
by the notes
as it is, it will however
serve to give
a general notion idea
of it as accurate as
what abridgments often
give; tho' not
accurate enough to
serve as a rule for
practice — with these
with this advantage, from which an abridgment entirely scrupulously faithful
could not must be excluded, by it's bulk, of representing
the whole scheme at a view.
If I had succeeded in
representing respect of what (according
to my notions of it) was the
design, I should have failed
in respect of, the execution.
The line of right rectitude is
short [& simple] but the various
deflections from it
acquire a long circuit to
Apology for freedoms
Penetrated with a just sense of what as a subject citizen I owe those [to
those active intelligent Senators, who at the expence of so much well-placed industry
have brought the Law on this Title to that degree of perfection
at which it rests stands at present.
have carried brought the Law
on this title of the Law thus
far in its progress
to perfection
I hold myself not the more under obligation to abate any
thing of that freedom which may appears necessary in printing to my
the room there may be & the means to carry it further.
which is necessary to the
well executing of the task which
I have set before me.
The prosperity of the State turns upon two great hinges
zeal added to guided by sagacity in suggesting discovering what the Laws
might be ought to be: & submission, in the mean time obeying them as the are.
may best be
These 2 dispositions It is a weakness to imagine them the 2 qualities dispositions incompatible; nor can ought
any or that any degree of the former can be to be improper, that is not inconsistent
with the latter.
The several classes species of
redundancy will not
be considered treated of methodically,
but incidentally
as they arise.
I submit it with diffidence resignation & ... to experienced
Judges, who doubtless will might find imperfections in it
enough to give the framers of the original their in the comment to give ample revenge to the framers of
revenge the text. The more any such an one would condescend
to point out, expose if they are few enough to it worth the trouble the more he would have any gratitude,
[because the more he will have contributed to
that public good, which was [the motive object to my labour]
But who would go to introduce create by voluntary inaccuracies
a necessity for licentious construction?
Tis not enough that the
expression , as he
man well who is well versed in the reigning
policy of the Courts
of Judicature could forsee
would be brought in case of litigation by an equitable stretch within the line of into coincidence with
the intention: it should be seen to coincide already.
And if very extraordinary accuracy indeed be not purchased, where
is the equivalent for that immense expence which we
It will doubtless be taken notice of to the prejudice if
Although the Plan of composition here exemplified comprehends comprises
niceties too minute not to be observ observable in the hurry of ness:
this may be the case: still however it is hoped they
may be of use or hints to many those whose inclination judgement may
not prompt them not leisure time allow them to follow it
scrupulously in every particular instance. Thus it is with a a System of Morality
or of Education.
the perusal of which
may be thought of use to those
who are nothing less
than either able or
willing to guide themselves
by it entirely
which tho' seldom
practicable in its
utmost extent,
not to furnish hints
which on particular
occasions may be of use.
This at least however, I may venture to say in
it's behalf, & the observations will be my vouchers, that
that the end, to which, with
whatever success they are
so directed, is
phantastic
to that of
use & practise.
the rules precautions observed they have not to any novel & phantastic criterion of perfection,
but all along to that of use utility & practise. [practical utility]
This will be better understood
after the draught
itself with the observations
has been perused.
The great difficulty was to know be determined satisfied in what cases
a proposed alteration was so clearly a part of the
intentions of the Legislation, or so necessary to give
effect to their principal initiation, as that it should
be inserted without ceremony in the draught: & where
being beside [or contrary to] their intention, it should
be placed cast as a disputable proposition in into the notes
as I have not succeeded in giving myself satisfaction
in this head, still less can I hope to do so to
a reader. It is difficult enough to determine
what in matters of detail the intentions of a Legislative ought to be:
but it is often still more difficult to determine
what they were: it is particularly so, if I may be forgiven
for speaking out thus plain in the present instance set in question, if &c
is not one in which it is least so.
The instances articles are not many in which
It is not often that I have been able to be absolutely certain
of having expressed the intention: where I have been certain
of having expressed & when I have meant to express a different
one, I have inserted used Italics.
It is not an exact representation
of the originals
nor of what I approve
of instead of the originals
it is this. It is a representation
of what I conceived
to be the intentions
of the composer those by whom of the
original was framed
except in a few cases where this I judged the particular intention would appears absolutely
untenable, the moment the objection against it was were produced.
one reason for not making
it the purpose
was the extra additional space
it would have
by which I should have been
deferred from exhibiting
a of the proposition
in front of space between the &
The end of a (as far as regards certainty) of a Law is, not
merely that there be a certain method of terminating litigation,
but that litigation may not be begun: for which purpose
it is necessary that it stand clear of ambiguity, not
only in the eyes of those who are in the end would to judge of it, in the end, but if
those whose fears or whose hopes may dispose them to find it in
the 1st instance. v IX.
It is good that litigation
have a
end, but it is still
better that it never
have a beginning.
It is one degree of care that may prevent the guilty from
finally escaping the pursuit of justice when should a pursuit escaping succeeding: it is must be another & higher degree of care that will
that prevent him from hoping to escape succeed, & in
to half-informed & interested advisers.
prevent.
such an one [being
the dupe of his sinister
&] making himself
a prey & adversary
a prey to half-informed
& interested advisers.
|
Identifier: | JB/095/001/001 "JB/" can not be assigned to a declared number type with value 95.
|
|||
|---|---|---|---|
|
095 |
|||
|
001 |
turnpike act prelud. i |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
||
|
30887 |
|||