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28 Nov. 1810.
Prizes
19
Ch. 1. Beginning
8 §. 4. III Insufficiency
22
To compleat the system of mismanagement not more is requisite than
to give to others hands the nomination of a mans commercial agents.
Under the name of law agents may be comprized
all those to whose co-operation in whose instrumentality his obtainment of
this immediate title depends.
On all other occasions the class thus composed
admitts has admitted of a well known division, expressed by the the two branches of which are <add>stand
named official judicial and professional: official and professional
lawyers: the official, composed of the Judge and the his
official persons assistants and subordinates acting under his directions, chosen
by neither party and acting without partiality on
behalf of both and so far as is consistent with justice,
promoting the interest and providing for the security
of both: the professional, chosen respectively by the
parties, and neither providing nor professing to provide,
any one of them, for the interest or security of
any party any other than that one by whom he himself
was chosen for that purpose.
19
This case presents
an extraordinary
exception.
By a singular and most extraordinary exception,
this division has no application in the present
case the application of this division extends not has been is kept from extending itself to
the present case. The persons in the skill, diligence
and fidelity of whose services the hopes of the captors in general ,
and in particular of the Commander on whom whose shoulders the whole
burthen of responsibility depends rests are chosen not by any
him - not by any other of them, but of another person
to whom their interests are neither a subject of knowledge
nor an object of care.
Of that portion of the matter of discouragement, which comes under
the denomination of vexation, the idea of acting, under the
yoke of this species of monopoly and arbitrary power, can not but be considered as
contributing a very considerable
share.
Identifier: | JB/547/022/001 "JB/" can not be assigned to a declared number type with value 547.
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Jeremy Bentham |
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