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<p><!-- pencil -->23 April 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p>But though <del>the</del> for the purpose of preventing <add>in every case</add> the existence<lb/>
 
of delay vexation and expence <add>incident to litigation</add> in every case, the determination<lb/>
 
to take <unclear>away</unclear> <del>all is</del> in every case all revenue to justice <add>the judicial power</add><lb/>
would be thus absurd and ruinous, yet the opposite determination<lb/>
directly opposite, viz: to carry on the recourse of<lb/>
justice – to bring about in every individual case <add>and in every individual part, <del>of</del></add> fulfilment of the several articles of the substantive branch of the<lb/>
law without any regard to the quantum of collateral inconvenience,<lb/>
in the shape of delay, vexation and expence, would<lb/>
not be much less so.  The mischief <del>if</del> attached to the<lb/>
non-fulfilment of the arrangements taken and predictions delivered<lb/>
by the substantive branch of the law is <del>susceptible</del> variable<lb/>
upon a scale <add>at both ends</add> little short of infinite, is susceptible of<lb/>
an almost infinite number of degrees:  the mischief<lb/>
liable to be produced by juridical delay vexation and expence<lb/>
is also variable upon a scale of prodigious <add>vast</add> extent, though<lb/>
not quite so nearly approaching to infinity as in the former <add>preceding</add><lb/>
case.  Under these circumstances it must every now<lb/>
and then happen that <add>in this or that <del><gap/></del> individual case,</add> the mischief resulting from the mass <add>aggregate</add><lb/>
of collateral inconvenience, or even from a single one of its<lb/>
<add>those its</add> three branches will be superior, and that beyond dispute<lb/>
<del>be</del> the <del>mischief</del> <add>good</add> resulting from the pursuit of the main end –<lb/>
to the mischief resulting from <add>attached to</add> the abandonment of it.</p>
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23 April 1805
Evidence

But though the for the purpose of preventing in every case the existence
of delay vexation and expence incident to litigation in every case, the determination
to take away all is in every case all revenue to justice the judicial power
would be thus absurd and ruinous, yet the opposite determination
directly opposite, viz: to carry on the recourse of
justice – to bring about in every individual case and in every individual part, of fulfilment of the several articles of the substantive branch of the
law without any regard to the quantum of collateral inconvenience,
in the shape of delay, vexation and expence, would
not be much less so. The mischief if attached to the
non-fulfilment of the arrangements taken and predictions delivered
by the substantive branch of the law is susceptible variable
upon a scale at both ends little short of infinite, is susceptible of
an almost infinite number of degrees: the mischief
liable to be produced by juridical delay vexation and expence
is also variable upon a scale of prodigious vast extent, though
not quite so nearly approaching to infinity as in the former preceding
case. Under these circumstances it must every now
and then happen that in this or that individual case, the mischief resulting from the mass aggregate
of collateral inconvenience, or even from a single one of its
those its three branches will be superior, and that beyond dispute
be the mischief good resulting from the pursuit of the main end –
to the mischief resulting from attached to the abandonment of it.


Identifier: | JB/058/121/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1805-04-23

Marginal Summary Numbering

3-5

Box

058

Main Headings

evidence

Folio number

121

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e2

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

[[notes_public::"alter[?] from the marginal contents"]]

ID Number

18790

Box Contents

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