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Nov. 1810
Prizes
Be upon your guard as sufficiently about the epoch against lawyers who by
pretence of Equity paralyse Justice.
the virtually penal the preventive remedy will may be
said to possess another advantage.
If for the purpose in question the agent be subjected
virtually penal interest a determinate point of
will naturally be must, to give any effect to the
, be fixt upon and d marked out, at from and
after which such interest shall be computed and
.
If this determinate point of time be, in the instance
such sum received, the very time of its being or received
then indeed all sinister profit the remedy will be an efficient one,
in this case it will have no other effect than that
virtually preventive remedy: nor will it even if that effect be
of with equal certainty: since it will differ from it
in this viz. in the allowance it will allowing
conditions of paying the virtually penal interest that
which in the other case would be interdicted stand absurdly
interdicted.
But the risk is not inconsiderable, that in the arrangement
of this business the point of time shall be such as
the remedy insufficient if not exasperative no better than nominal
diminish in a great more or less if not obliterate do away
altogether the beneficial efficiency of the remedy.
If for instance the point of time fixt upon for the
distribution of the money in question (in this case the proceeds
of the prize in question) be the point of time next after his
himself received the whole of it, it will operate
as a penalty, prohibiting him from receiving the
: receiving all but the whole, he will would for ever, were
the only remedy, be entitled and enabled to keep for his
own benefit all but
the whole in his own
hands. ☞ Exemplify
further.
Identifier: | JB/547/094/001 "JB/" can not be assigned to a declared number type with value 547.
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1810-11-22 |
22-24 |
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547 |
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094 |
Prizes |
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001 |
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Text sheet |
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Jeremy Bentham |
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