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<head>1828. <del>March</del> June 14<lb/>Law Amendment.</head> <p><note>Propositions</note></p> <p><note><sic>Ch</sic> V Procedure<lb/>Preface</note></p> <p><note> | <head>1828. <del>March</del> June 14<lb/>Law Amendment.</head> <p><note>Propositions</note></p> <p><note><sic>Ch</sic> V Procedure<lb/>Preface</note></p> <p><note>Standard of reference<lb/>here: the <hi rend="underline">natural</hi> course<lb/>of Procedure, not the Technical.</note></p> <p>Whosoever takes in hand these pages <!-- brackets in pencil -->[on the subject<lb/>of Procedure] will do well <add>in the first place</add> to lay out of his mind every<lb/>thing that belongs to the existing system. <del>The</del> In the existing<lb/>system, <add>[+] <note>[+] baptised the technical</note> he will see</add> when the time comes he will see nothing<lb/>confusion: a purposely and most elaborately organized<lb/>system of confusion. Of itself it accordingly <add>consequently</add> explains<lb/>nothing: explanation it requires itself throughout itself,<lb/>so far from being capable of affording. In the here<lb/>proposed system, incontestably <sic>stiled</sic> the natural, he will<lb/>see the course <add>track</add> prescribed by common experience and<lb/>common sense by the purpose wheresoever it has place<lb/>of giving execution and effect to a system of arrangements<lb/>and ordinances <add>enactments</add>, by elicitation <del><gap/></del> made, <add>of the truth of facts</add> on each<lb/>individual occasion on the question whether <add>this or that one of</add> the arrangements<lb/>or ordinances <add>enactments</add> made or supposed made (supposed only<lb/>in the case of the unwritten law) has application to the individual <add>that same</add><lb/>case.</p> <p><add>For arriving at the truth</add> The natural course it will be seen is the same<lb/>in all cases. <del>In the natural course</del> <add>Under the technical system</add> the course is assumed<lb/>to be different according to the <del><gap/></del> numbers of judicatories employed<lb/>with different portions of the <add>logical</add> field of law logical in<lb/>geographical assigned to them or occupied by them with<lb/><add>correspondingly</add> different sets of powers and duties: Common Law. Equity Law<lb/>Civil law. Penal law, <unclear>Merchant</unclear> law, Admiralty Law<lb/>General Sessions Law, <add>Petty Sessions</add> and so on. All good <add>apt</add> differing so widely from<lb/>one another <del>with</del> while pretending to be directed to one and the<lb/>same object — the discovery of truth <add>in regard to facts</add> by means of evidence — all<lb/>good it is impossible they should be: all bad <add>unapt</add> it is altogether<lb/>possible they should be, and will accordingly be seen to be; all unapt <add>bad</add><lb/>relation had to such their professed and falsely pretended purpose:<lb/>all<lb/><!-- continues in margin --> good <add>apt</add> eminently apt <add>good</add><lb/>relation had to their not<lb/>professed by disguised and<lb/><add>of course</add> endeavoured to be concealed<lb/><del><gap/></del> purpose, the promotion of<lb/>the <del>natural</del> particular and<lb/><!-- continues along the edge of the page --> sinister interest of the institutions, at the <sic>expence</sic> and by the sacrifice of the universal interest.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828. March June 14
Law Amendment.
Propositions
Ch V Procedure
Preface
Standard of reference
here: the natural course
of Procedure, not the Technical.
Whosoever takes in hand these pages [on the subject
of Procedure] will do well in the first place to lay out of his mind every
thing that belongs to the existing system. The In the existing
system, [+] [+] baptised the technical he will see when the time comes he will see nothing
confusion: a purposely and most elaborately organized
system of confusion. Of itself it accordingly consequently explains
nothing: explanation it requires itself throughout itself,
so far from being capable of affording. In the here
proposed system, incontestably stiled the natural, he will
see the course track prescribed by common experience and
common sense by the purpose wheresoever it has place
of giving execution and effect to a system of arrangements
and ordinances enactments, by elicitation made, of the truth of facts on each
individual occasion on the question whether this or that one of the arrangements
or ordinances enactments made or supposed made (supposed only
in the case of the unwritten law) has application to the individual that same
case.
For arriving at the truth The natural course it will be seen is the same
in all cases. In the natural course Under the technical system the course is assumed
to be different according to the numbers of judicatories employed
with different portions of the logical field of law logical in
geographical assigned to them or occupied by them with
correspondingly different sets of powers and duties: Common Law. Equity Law
Civil law. Penal law, Merchant law, Admiralty Law
General Sessions Law, Petty Sessions and so on. All good apt differing so widely from
one another with while pretending to be directed to one and the
same object — the discovery of truth in regard to facts by means of evidence — all
good it is impossible they should be: all bad unapt it is altogether
possible they should be, and will accordingly be seen to be; all unapt bad
relation had to such their professed and falsely pretended purpose:
all
good apt eminently apt good
relation had to their not
professed by disguised and
of course endeavoured to be concealed
purpose, the promotion of
the natural particular and
sinister interest of the institutions, at the expence and by the sacrifice of the universal interest.
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jeremy bentham |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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16835 |
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