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<p><!-- pencil -->Nov<hi rend="superscript">r</hi> 1810<lb/> | |||
<!-- pencil --><head>Defence</head></p> | |||
<p>In the shape of an objection to any such change an<lb/> | |||
observation that will <add>would</add> naturally enough be made by learned<lb/> | |||
<add>and honourable</add> gentlemen of all sorts and sizes is that this mode of<lb/> | |||
procedure is <add>no other than the system of the antient Romans called Civil Law</add> a system with which the powers of <add>on</add> the<lb/> | |||
continent of Europe and their respective lawyers are<lb/> | |||
universally well acquainted, the laws of their respective<lb/> | |||
States being mostly grounded on <add>having mostly for their principal foundation</add> that same Roman<lb/> | |||
law: and from hence it may naturally be inferred<lb/> | |||
or left to be inferred that by <add>from</add> the substitution of the<lb/> | |||
natural system of procedure to this technical one<lb/> | |||
to which with all its defects whatsoever they may be<lb/> | |||
they can not but be attached, they would rather be <add>be more likely to be</add> shocked<lb/> | |||
than gratified.</p> | |||
<p>Unfortunately for this <unclear>plea</unclear>, it is a matter of notoriety<lb/> | |||
that the extraordinary measure of factitious<lb/> | |||
delay, vexation and expence experienced in <add>under</add> this<lb/> | |||
our modification of the <add>Romans civil</add> Civil law system of procedure<lb/> | |||
has been matter of grievous complaint on the part<lb/> | |||
of other powers: the art of organizing <add>manufacturing</add> those abuses<lb/> | |||
having been carried to a still higher pitch of perfection<lb/> | |||
under <add>in</add> the hands of our own than in those <add>the hands</add> of any of<lb/> | |||
<add>of</add> those foreign articles.</p> | |||
<p>Moreover the prominence of the natural system of<lb/> | |||
procedure over that or any other technical mode to every<lb/> | |||
purpose of justice is no secret abroad <add>any where</add> any more than<lb/> | |||
at home. In particular is is no secret either in France<lb/> | |||
or in Denmark. Accordingly to substitute to the technical<lb/> | |||
the natural mode is an object that in spite of the interest<lb/> | |||
and consequently the exertion of learned gentlemen has at all times<lb/> | |||
been pursued and continues to be pursued in France, more<lb/> | |||
particularly in causes<lb/> | |||
of a commercial nature:<lb/> | |||
and in Denmark<lb/> | |||
in <add>non-penal</add> causes of every<lb/> | |||
description at large.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Novr 1810
Defence
In the shape of an objection to any such change an
observation that will would naturally enough be made by learned
and honourable gentlemen of all sorts and sizes is that this mode of
procedure is no other than the system of the antient Romans called Civil Law a system with which the powers of on the
continent of Europe and their respective lawyers are
universally well acquainted, the laws of their respective
States being mostly grounded on having mostly for their principal foundation that same Roman
law: and from hence it may naturally be inferred
or left to be inferred that by from the substitution of the
natural system of procedure to this technical one
to which with all its defects whatsoever they may be
they can not but be attached, they would rather be be more likely to be shocked
than gratified.
Unfortunately for this plea, it is a matter of notoriety
that the extraordinary measure of factitious
delay, vexation and expence experienced in under this
our modification of the Romans civil Civil law system of procedure
has been matter of grievous complaint on the part
of other powers: the art of organizing manufacturing those abuses
having been carried to a still higher pitch of perfection
under in the hands of our own than in those the hands of any of
of those foreign articles.
Moreover the prominence of the natural system of
procedure over that or any other technical mode to every
purpose of justice is no secret abroad any where any more than
at home. In particular is is no secret either in France
or in Denmark. Accordingly to substitute to the technical
the natural mode is an object that in spite of the interest
and consequently the exertion of learned gentlemen has at all times
been pursued and continues to be pursued in France, more
particularly in causes
of a commercial nature:
and in Denmark
in non-penal causes of every
description at large.
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Identifier: | JB/547/046/001"JB/" can not be assigned to a declared number type with value 547. |
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1810-11-07 |
"32 or 15, 33 or 16, 34 or 17" |
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547 |
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046 |
Defence |
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001 |
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Text sheet |
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Jeremy Bentham |
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