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<p><!-- pencil -->4 March 1807</p>
''This Page Has Not Been Transcribed Yet''
<p>4.  Such being the <hi rend="underline">shapes</hi> in which injustice in judicature is capable<lb/>
 
of manifesting itself, and the <hi rend="underline">sources</hi> in which it is capable<lb/>
 
of finding its cause, I move now to <del><gap/></del> the article of <hi rend="underline">remedies</hi>.</p>
 
<p>I shall <del>first</del> in the first place bring to view such as may be termed<lb/>
<hi rend="underline">direct</hi>, and after thence proceed to suggest others which in comparison of the former may be termed <hi rend="underline">indirect</hi> remedies.</p>
<p><add><hi rend="underline">Direct Remedies</hi> so much of it as</add> In so far as it has its source in the <hi rend="underline">System</hi> <del>of</del> – the <del><gap/></del><lb/>
system of procedure established in the country in question, it<lb/>
admitts plainly but of one remedy, amendment of the system<lb/>
itself:  removal of the imperfection by which, whether by design,<lb/>
or negligence or ignorance, it has been rendered or left unfit <add>incapable</add><lb/>
to the degree in question, for <add>of</add> fulfilling the ends of justice.</p>
<p>By such amendment, in proportion as it extends <add>according to the extent of it</add>, the<lb/>
administration <add>department</add> of justice will be cleared not only of that<lb/>
fixt mass <add>fixt and as yet <gap/></add> of injustice which is fastened upon the country<lb/>
by the system itself independently of any <del>misconduct</del> <add>male practice</add> on the<lb/>
part of suitors or any other of the <foreign>dramatis person&aelig;</foreign> <del>of belonging</del> <add>acting</add><lb/>
<del>to</del> <add>in</add> the theatre of justice, but moreover of all such injustice to the<lb/>
perpetration of which, howsoever aimed and endeavoured at, the<lb/>
system with its vices is a necessary instrument, as well as of<lb/>
such injustice to which <del><gap/></del> under and by virtue of the<lb/>
system, and not otherwise, <hi rend="underline"><unclear>Accident</unclear></hi> is capable of giving birth.</p>
<p>Of one amendment, and the only one of which, in my<lb/>
view of the matter, the existing System, viz:  in every country<lb/>
the <hi rend="underline">technical</hi>, as above described is susceptible, an idea has<lb/>
already been given in one short and comprehensive expression,<lb/>
<hi rend="underline">substitution of the Natural System throughout</hi>.</p>
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Latest revision as of 16:14, 27 August 2023

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4 March 1807

4. Such being the shapes in which injustice in judicature is capable
of manifesting itself, and the sources in which it is capable
of finding its cause, I move now to the article of remedies.

I shall first in the first place bring to view such as may be termed
direct, and after thence proceed to suggest others which in comparison of the former may be termed indirect remedies.

Direct Remedies so much of it as In so far as it has its source in the System of – the
system of procedure established in the country in question, it
admitts plainly but of one remedy, amendment of the system
itself: removal of the imperfection by which, whether by design,
or negligence or ignorance, it has been rendered or left unfit incapable
to the degree in question, for of fulfilling the ends of justice.

By such amendment, in proportion as it extends according to the extent of it, the
administration department of justice will be cleared not only of that
fixt mass fixt and as yet of injustice which is fastened upon the country
by the system itself independently of any misconduct male practice on the
part of suitors or any other of the dramatis personæ of belonging acting
to in the theatre of justice, but moreover of all such injustice to the
perpetration of which, howsoever aimed and endeavoured at, the
system with its vices is a necessary instrument, as well as of
such injustice to which under and by virtue of the
system, and not otherwise, Accident is capable of giving birth.

Of one amendment, and the only one of which, in my
view of the matter, the existing System, viz: in every country
the technical, as above described is susceptible, an idea has
already been given in one short and comprehensive expression,
substitution of the Natural System throughout.


Identifier: | JB/106/134/001"JB/" can not be assigned to a declared number type with value 106.

Date_1

1807-03-04

Marginal Summary Numbering

19-22

Box

106

Main Headings

scotch reform

Folio number

134

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c10 / c1

Penner

jeremy bentham

Watermarks

iping 1804

Marginals

jeremy bentham

Paper Producer

bernardino rivadavia

Corrections

Paper Produced in Year

1804

Notes public

ID Number

34722

Box Contents

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