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23 June 1810
Fallacies
VI
Ch. 2. Practical mans
§.2. Exposition &c
Utopian
2 3
or 7
To Judge-made
Laws, English or
Scotch, taken according
to the character
given of it by its
admirers, Utopianism
might apply.
Pretended object, as
well as result, a
system of substantive
conducive in the
highest degree to security
ends all its shapes;
and of adjective
law p in the
highest degree from
all the evils opposite
to the ends of justice.
In fact the object
and thence the result
is the reverse.
Why? because
in these evils the
makers have seen
a source of proportionable
profit to
themselves.
[But if inadequacy of causes measures with reference
to the effects supposed to be produced by them and
pretend represented as intended to be produced by them
were understood as constituting sufficient of itself to bestow
upon any system the epithet of Utopian [or romantic
or speculative or theoretical] then might those epithets
be applied any of them and with indisputable justice
to the Common Law of England, or the Common Law
of Scotland not to speak of any other system of Common,
alias Unwritten, alias Judge-made Law.
The pretended object as well as supposed result and effect
of the system of ex post facto and necessarily groundless decisions [without antecedent
rules] so denominated is generally security in respect
of more possession which are the objects of desire to any individual endowed with reason , viz. person
property and reputation and condition in life and
that with as little uncertainty, delay, expence and
vexation in every other shape as possible. But having
for its authors a set of persons so circumstanced that
for the sake of the profit derivable out or the uncertainty
and the expence it was their interest to render it
as full of uncertainty delay expence and vexation
as the people would endure to see and feel it, the
real effect has thus been rendered established causes
have thus been rendered as far as the people would
endure to see them from being adequate to the production
of the effects professed to him the production of which pretended has been pretended to be aimed at, and
supposed to be accomplished.
Identifier: | JB/104/398/001 "JB/" can not be assigned to a declared number type with value 104.
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jeremy bentham |
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andre morellet |
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