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< | <head>1829 Aug. 4<lb/> | ||
Reformists reviewed</head> | |||
<note> <!-- number in pencil --> (17 <lb/> | |||
Beginning<lb/> | |||
J.B.<lb/> | |||
Remedies<lb/> | |||
Judicatories accessible.</note> | |||
<note>44<lb/> Summary Procedure<lb/> more conducive than<lb/> regular to rectitude<lb/> of decision.</note> | |||
<p><del>To the summary forms be substituted<lb/> in idea the demands: clearing <add>cleaning</add> it of that comparatively small<lb/> quantity of <gap/> <add>with</add> which the fee-gathering system had depended on</del>.</p> | |||
<p>Taking them both in hand and taking them <add>both</add> to pieces<lb/> as a Watchmaker does a disordered watch, one artist<lb/> saw that in and by the appellations so bestowed the true <lb/>characters were reversed. <add>In</add> At least as high a proportion as<lb/> it is preferable to the collateral is <add>that which is called summary</add> <del>as</del> preferable also to the main<lb/> <del>and</del> end and ends of justice. Not more conducive is it<lb/> to promptitude of decision than to rectitude: not more <lb/> conspicuous <add>preeminent / superior as</add> for cheapness than <add>as</add> for goodness: that it<lb/> <del>had</del> let in <del>m</del> demands in multitudes which the fee gathering<lb/> system would have excluded, and then substituted decision<lb/> and thus accidents excepted rectitude of decision, in cases<lb/> in which under the regular system, through non-commencement<lb/> <hi rend="underline"><sic>nondecision</sic></hi> would have had place.</p> | |||
<note>45<lb/> Practical conclusion.<lb/> Substitute summary<lb/> throughout to regular.</note> | |||
<p>What then says Bentham is <add>ought</add> to be done? <add>Exactly this</add> Neither more<lb/> nor less than this. <del>I c</del> Abolish throughout the regular system,<lb/> substitute to it throughout the summary system. And what is<lb/> this same summary system? What but the domestic system:<lb/> that same system which every Master of a family <del>practices</del> <add>acts upon</add> <lb/> in his own family, though perhaps as <foreign>Monsieur Jourdan</foreign><lb/> kept talking proves — without knowing it. Some little dust<lb/> indeed he found <unclear>aluring</unclear> to it, dust entrenched by its <lb/> vicinity to the fee-gathering system: this he brushed off <del>and</del><lb/> and then reduced <add>purified it</add> to the state of the domestic.</p> | |||
<note>46.<lb/> | |||
Powers necessary few<lb/> besides those possessed<lb/> by domestic Judicature.</note> | |||
<p>Powers as few <del>in addition</del> over suitors in addition<lb/> to those which a father of a family has over children and<lb/> servants, than of course, to fit it to the ideas given to it<lb/> | |||
could not but be necessary: what these are the <add>any</add> reader<lb/> thinks it worth his while may see <add>may be seen</add> in the abovementioned Petitions<lb/> | |||
to which for steadiness it is necessary this reference should be thus<lb/> made. Neither for reprinting them nor for abridgement of them can<lb/> space be here spared. So much for the inaccessibility of Judicature.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1829 Aug. 4
Reformists reviewed
(17
Beginning
J.B.
Remedies
Judicatories accessible.
44
Summary Procedure
more conducive than
regular to rectitude
of decision.
To the summary forms be substituted
in idea the demands: clearing cleaning it of that comparatively small
quantity of with which the fee-gathering system had depended on.
Taking them both in hand and taking them both to pieces
as a Watchmaker does a disordered watch, one artist
saw that in and by the appellations so bestowed the true
characters were reversed. In At least as high a proportion as
it is preferable to the collateral is that which is called summary as preferable also to the main
and end and ends of justice. Not more conducive is it
to promptitude of decision than to rectitude: not more
conspicuous preeminent / superior as for cheapness than as for goodness: that it
had let in m demands in multitudes which the fee gathering
system would have excluded, and then substituted decision
and thus accidents excepted rectitude of decision, in cases
in which under the regular system, through non-commencement
nondecision would have had place.
45
Practical conclusion.
Substitute summary
throughout to regular.
What then says Bentham is ought to be done? Exactly this Neither more
nor less than this. I c Abolish throughout the regular system,
substitute to it throughout the summary system. And what is
this same summary system? What but the domestic system:
that same system which every Master of a family practices acts upon
in his own family, though perhaps as Monsieur Jourdan
kept talking proves — without knowing it. Some little dust
indeed he found aluring to it, dust entrenched by its
vicinity to the fee-gathering system: this he brushed off and
and then reduced purified it to the state of the domestic.
46.
Powers necessary few
besides those possessed
by domestic Judicature.
Powers as few in addition over suitors in addition
to those which a father of a family has over children and
servants, than of course, to fit it to the ideas given to it
could not but be necessary: what these are the any reader
thinks it worth his while may see may be seen in the abovementioned Petitions
to which for steadiness it is necessary this reference should be thus
made. Neither for reprinting them nor for abridgement of them can
space be here spared. So much for the inaccessibility of Judicature.
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Identifier: | JB/011/068/001"JB/" can not be assigned to a declared number type with value 11. |
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1829-08-04 |
44-46 |
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011 |
law amendment |
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068 |
reformists reviewed |
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001 |
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text sheet |
1 |
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recto |
e17 |
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jeremy bentham |
b&m 1829 |
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arthur moore; richard doane |
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1829 |
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3765 |
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