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<p>1824. Jan<hi rend="superscript">y</hi> 11<lb/> | |||
<head><del>Constitutional</del> <add>Procedure Code</add></head><lb/> | |||
<note>Ch. General View<lb/> | |||
§. Costs.</note></p> | |||
<p>Thus <gap/> stands the relation between the ends of<lb/> | |||
justice and the actual <del>and</del> ends of judicature: the proper<lb/> | |||
and the actual ends of judicature. Justice has for its ends<lb/> | |||
minimization of the <unclear>instance</unclear>, <del>ref</del> misdecision, minimization<lb/> | |||
of delay, vexation and expence. Judicature has<lb/> | |||
for its ends maximization of the instances of misdecision,<lb/> | |||
maximation of <del><gap/></del> delay, vexation and defence. Why<lb/> | |||
maximization of delay, vexation and expence? Because<lb/> | |||
in as exact proportion as can have been <unclear>contrived</unclear>,<lb/> | |||
lawyers profit official as well as professional<lb/> | |||
rises <add>increases</add> with the expence. Why maximization of the instances<lb/> | |||
of misdecision? Because the larger the proportion of the instances<lb/> | |||
of misdecision to those of right decision, the greater<lb/> | |||
is the encouragement given to dishonest men to commence<lb/> | |||
and <unclear>pursue</unclear> in the theatre of judicature a <add>the</add> dishonest<lb/> | |||
course. Thus it has for its <del><gap/></del> intermediate and<lb/> | |||
subservients, misdecision together with delay, vexation and expence,<lb/> | |||
for its ultimate, the <del>profit extracte</del> lawyers profit extractible out of the expence.</p> | |||
<p><add>As to misdecision</add> Thus it is but under the eye of the Public Opinion<lb/> | |||
the number of <add>proportion of the</add> instances in which the rules of self-regarding<lb/> | |||
prudence admitt of giving the run to dishonesty on<lb/> | |||
the part of the Judge has its limits: <del>and but for this</del> to<lb/> | |||
this check is the benefit to be ascribed if the number<lb/> | |||
of <add>wrong</add> decisions known <add>for what they are</add> by those <del>who prono</del> whose decisions<lb/> | |||
they are not only legally but morally right: meaning<lb/> | |||
always morally right: for as to legally right, be they<lb/> | |||
in an so flagrant a degree morally wrong, legally right<lb/> | |||
being <add>as they are</add> the decisions of those by whose decisions the law is<lb/> | |||
constituted they can not fail to be.</p> | |||
<p>But for this that the chances might be as even and<lb/> | |||
the encouragement to the dishonest suitor <del>to</del> as great as possible</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824. Jany 11
Constitutional Procedure Code
Ch. General View
§. Costs.
Thus stands the relation between the ends of
justice and the actual and ends of judicature: the proper
and the actual ends of judicature. Justice has for its ends
minimization of the instance, ref misdecision, minimization
of delay, vexation and expence. Judicature has
for its ends maximization of the instances of misdecision,
maximation of delay, vexation and defence. Why
maximization of delay, vexation and expence? Because
in as exact proportion as can have been contrived,
lawyers profit official as well as professional
rises increases with the expence. Why maximization of the instances
of misdecision? Because the larger the proportion of the instances
of misdecision to those of right decision, the greater
is the encouragement given to dishonest men to commence
and pursue in the theatre of judicature a the dishonest
course. Thus it has for its intermediate and
subservients, misdecision together with delay, vexation and expence,
for its ultimate, the profit extracte lawyers profit extractible out of the expence.
As to misdecision Thus it is but under the eye of the Public Opinion
the number of proportion of the instances in which the rules of self-regarding
prudence admitt of giving the run to dishonesty on
the part of the Judge has its limits: and but for this to
this check is the benefit to be ascribed if the number
of wrong decisions known for what they are by those who prono whose decisions
they are not only legally but morally right: meaning
always morally right: for as to legally right, be they
in an so flagrant a degree morally wrong, legally right
being as they are the decisions of those by whose decisions the law is
constituted they can not fail to be.
But for this that the chances might be as even and
the encouragement to the dishonest suitor to as great as possible
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Identifier: | JB/054/166/001"JB/" can not be assigned to a declared number type with value 54. |
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1824-01-11 |
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054 |
procedure code |
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166 |
procedure code |
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recto |
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jeremy bentham |
j whatman turkey mill 1823 |
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jonathan blenman |
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1823 |
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17685 |
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