JB/549/188/001

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1824. Jany. 8 1831 July 29
Constitutional Code☞ Employ not these 3 pages.
Ch. XIV. Judge Deputes permanent
§. English &c Systems

As to The man of opulence the system is in his eyes an
admirable one. He now and then pays for it but at all times he can afford to pay for
it. At the expence of all who are by the intimation are
prevented from coping with him, the power he enjoys
he has obtained for costs him nothing: he sees crouching under him
so many slaves whom he could not otherwise purchase. One A
word phrase so short A check is thus applied litigation that a the idlest of them can keep
it in mind without effort serves at once to express
their common satisfaction, and by its means of preestablished prepossession
association, seem to justify it in measures and unpenetrating eyes give the system the colors of
justice.

Checking litigation is to a certain degree preventing it.
If by the litigation were which it is the prevention of which
is professed to the endeavoured at was litigation without just cause
the way to prevent it would be to apply the preventive punishment
to in every instance in which the offence were committed – the offence of carrying on litigation judicial proceedings without just cause, and
not to apply it to any other. But were this the object,
what would be necessary is – to ascertain on each occasion
whether what was done was done with or without just cause
and therefore accordingly in those cases when to apply the punishment never to apply the punishment
in those cases alone in which till the event of just cause had already been ascertained, and
not till after it had been ascertained. But from that state
of things, no one of the three confederates would have every anything
to gain: – compared with what they are under the actual state of things not
one of them but would be a loser. Those who were in the
wrong would not now see any feel gain or see a prospect of gain it from
litigation: and to the men of finance and the men of law so many customers for the hire of the instrument
of oppression which he has they have to let out would be lost. In the situation
of plaintiff, the would be oppressor would will no how have it in his
power, to terrify his intended victim into a compliance in the first instance with the longest
demand, or after an exhausting contest to comply with the demand
and in addition to the oppression pay the expence of the
contest: both parties in regard to expence both parties contending
upon equal terms, the man in the wrong would derive no advantage
from his superiority on the
scale of opulence.

Identifier: | JB/549/188/001 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1824-01-08	Marginal Summary Numbering
Box	549	Main Headings
Folio number	188	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number
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