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27 Feby 1807

This being the case, whatsoever be the arrangement employed in
the character of a remedy against superabundant delay, puts if in any
instance and in any proportion of being more than equivalent it fails of being productive to in
its application to the party on whom the delay depends, productive of an inconvenience preponderant over
the benefit of delay, that is to over the benefit which the
individual suitor in the situation in which he happens
to be placed is has it in his power to derive from that source.
So sure as it does so, so surely unless sufficiently added by
the operation of other causes, does it operate not in the character has as the effect – not of removing
of a remedy, but of a continuation and confirmation the mischief, but confirming and protecting it.
of the decision.

On whichsoever Of side of the cause stationed the malâ he happens to be
fide suitor has an interest possessor as such, and that an effectual one,
in the production of delay. Whatever arrangement therefore
leaves him in possession of that interest, or any part of
uncounterballanced, is sure to be ineffectual to the purpose to which
it is or professes to be directed.

In the case of the malâ fide defendant the only remedy
on which to delay of which in the efficacy can be sure and steady,
is that which hap over and above whatsoever counterprize
it affords to the contingent part of the advantage, keeps face
and proportion with that part which is certain and in hand:
viz: interest of money or profit in trade.

A remedy which fails of maintaining that constant proportion
will be sometimes fall short of the mark, sometimes go beyond it,
the inconvenience which it imparts will sometimes be and inadequate, sometimes superfluous and excessive.

Identifier: | JB/106/148/001
"JB/" can not be assigned to a declared number type with value 106.



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scotch reform

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text sheet

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jeremy bentham


iping 1804


jeremy bentham

Paper Producer

bernardino rivadavia


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