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22 March 1807
Scotch Reform. Delay and complication Table Uses Rewritten
Were unjustifiable
To prevent men from enquiring
more — by
Use I. Where the delay
to the nature of things
that has place is unavoidable.
what is referable to the
and thence
vices either of the system
justifiable. In the
or the Judge
case of justifiable delay
to prevent its is withjustification by exhibiting
a list of causes
in which the cause or
causes by which
physical necessity is
just deemed for it has
been produced may
be presented to
Use 1. Wherever In so far as extra delay
is unavoidable, and thence is justifiable, to point
out its justification,
and prevent men from
charging it as matter
of reproach; either upon
the system or the Judge.
Use 2. Wherever the point of extra delay
is is either factitious or avoidable and thence
is unjustifiable, to lend
to its condemnation being
the result either of
design and necessity or neglect or negligence
either on the part of
the system authors of
the system, to serve
for the expence of it,
by shewing with time as well by shewing the
causes rightful causes pure sense
in which it does nor,
as the corrupt senses
in which it does originate
and thus
it the more perfectly without
excuse.
Use the 1st Wherever delay
(extra-delay) is either
strictly speaking
unavoidable, (i.e. matter the result
of physical necessity)
or warrantable (i.e.
matter of prudential necessity )
to serve for minister to
its justification: by and
thus prevent men from
charging it, as a matter
of reproach, either upon the
system, or upon the Judge.
Use the 2d Wherever such
extra-delay is not
being either in a physical
or in a prudential
sense necessary, and
is the result of human
artifice or negligence,
to
lead men to the perception
of the causes
of the evil, and thence
to the means of cure.
Use the 1st. In so far
as on any given occasion
in the quality of the evil of delay
(viz. of extra-delay) actually having place
is necessary (the result
either of physical or
prudential necessity) to
minister to its justification:
and thus prevent
men from changing
it as matter of reproach
either upon the
system of procedure, or
upon the Judge or other
persons occupied in the
administration of it.
Use the 2d In so far as
the evil is not necessary,
but the result
either of artifice imbecility or neglect —
viz on the part
either of the authors of the system
or of the administrators
of it for the time
being, to tend men to the
perception of the causes
of the evil and thence
to the means of cure
Use the 3d In so far as
the evil not being necessary has its root in
the System to contribute to the rendering
its origin the clearer and
more indubitable by
leaving confrating the warrantable necessary
causes and in which it does
not originate with the
unnecessary and factitious
causes on which it
does originate; and thence
thereby by helping to indicate, facilitate the application
of the proper remedies.
Use the 4th In so far
as the evil is liable
not being necessary, is
liable to have for its
cause any misconduct
in any shape
on the part of the Judge
to serve minister to help indicate the
the indication existence of the evil
and of its true cause, in the
event of its taking place
and thence to the prevention
of it.
To help bring to view
the existence of the evil
and of its true cause
so to order matters, that
where the evil actually
takes place its existence
and its true cause shall
be exposed to view, and
by that means to contribute operate
towards to the prevention
of it.
Identifier: | JB/122/055/002 "JB/" can not be assigned to a declared number type with value 122.
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1807-07-14 |
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122 |
Panopticon |
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055 |
JB to Audit Office |
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002 |
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Correspondence |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D2 |
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IPING 1804 |
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Bernardino Rivadavia |
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1804 |
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See note 6 to letter 1929, vol. 7 |
002 |
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