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<head>1823. <sic>Dec<hi rend="superscript">r</hi></sic> 8 +<lb/><add>Procedure<del>Constitutional Code or Procedure</del></head> <!-- marginal summaries in pencil --> <p>4<lb/><note><sic>Ch. | <head>1823. <sic>Dec<hi rend="superscript">r</hi></sic> 8 +<lb/><add>Procedure</add> <del>Constitutional Code or Procedure</del></head> <!-- marginal summaries in pencil --> <p>4<lb/><note><sic>Ch.</sic> <add>Judicial</add> Abuse obviated</note><lb/>4 <note>§.2 Motives in judicial abuse</note></p> <p><note>11<lb/>11. Motives. Legislative<lb/>restraint none, <del>to</del> means<lb/>present, <hi rend="underline">motives</hi> can<lb/>never be wanting adequate<lb/>to the production of the above<lb/>boundless evil.</note></p> <p>So much as to means. Now as to motives. <del><gap/></del><lb/>Laying <add>Lay</add> out of the case <add>still</add> as before all legislative restraint, <add>among</add> <del>those</del><lb/>persons to whom means are present <add>there will always be those to whom</add> motives can never<lb/>be wanting — motives of sufficient force to give to the evil<lb/>the boundless magnitude just spoken of.</p> <p><note>12<lb/>1. From love of sport.<lb/>To the too many to whom<lb/>others pain is a source<lb/>of pleasure, never sufficient<lb/>would be a portion of<lb/>time thus employable<lb/>without prejudice to subsistence</note></p> <p><note><gap/> to the <add>rich</add> Roman<lb/>way who beating men<lb/>gave them the <sic>fixt</sic> <del>to</del><lb/>compensation money</note></p> <p>The love of sport — ever so weak a master as the love of<lb/>sport might of itself suffice <del>to produce it</del> <add>for the production of it.</add> In regard to<lb/>means, on the part of an individual, <del>who could</del> to whom the distress<lb/>of others were a source of <add>amusement, in a word of</add> pleasure in the shape of pleasure and<lb/><add>as yet</add> there are always and every where and always, but too many<lb/>such, <add>for the production of the effect</add> nothing more would be requisite than a quantity of<lb/>time which for this amusement might without prejudice to<lb/>subsistence might be spared. History speaks of a <add>rich</add> Roman<lb/><gap/>, who, observing <del><gap/> <gap/> so</del> <add>no other than</add> pecuniary penalties, limited to<lb/>the amount suited to <add>measured by</add> the pecuniary ability of the greatest number,<lb/><del><gap/></del> walked the street with the money in his hand<lb/><del>cuffing and kicking passengers</del> and <del>who</del> <add>as often as</add> he met with a<lb/>passenger in whom he was disposed to act this <add>the</add> practical joke<lb/><del>he would kick</del> after giving him a kick and a cuff, he would<lb/>throw the money in his face.</p> <p><note>13<lb/>In this way boundless<lb/>is the suffering <sic>inflictable</sic><lb/><del>without</del> with very<lb/>small <sic>expence</sic> of time<lb/>Example, witnesses and<lb/>parties fetched from remote<lb/>places in defence<lb/>against a groundless<lb/><del>accusatory or other</del> <add>claiming or accusing</add> <lb/>story</note></p> <p>Erroneous would be the supposition that in this way<lb/>a man could not <add>thus</add> inflict <add>suffering</add> on others without conflating <add>on himself</add> correspondent<lb/>and equal or little less than equal suffering at the same time.<lb/>By an <del>g</del> unjust demand or accusation with a false tale for<lb/>the support of it he might subject <del>the</del> to <unclear>untramelled</unclear> suffering<lb/>whether in the name of compensation or of punishment<lb/>for want of witnesses <del>when</del> <add>to whose <del>appar</del> <sic>attendancy</sic></add> to the knowledge of the <add>his</add> mendacious<lb/>pursuer, <add>their</add> distance <del>prevented</del> from the judgment seat sufficed<lb/>to appear an insuperable bar.</p> | ||
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1823. Decr 8 +
Procedure Constitutional Code or Procedure
4
Ch. Judicial Abuse obviated
4 §.2 Motives in judicial abuse
11
11. Motives. Legislative
restraint none, to means
present, motives can
never be wanting adequate
to the production of the above
boundless evil.
So much as to means. Now as to motives.
Laying Lay out of the case still as before all legislative restraint, among those
persons to whom means are present there will always be those to whom motives can never
be wanting — motives of sufficient force to give to the evil
the boundless magnitude just spoken of.
12
1. From love of sport.
To the too many to whom
others pain is a source
of pleasure, never sufficient
would be a portion of
time thus employable
without prejudice to subsistence
to the rich Roman
way who beating men
gave them the fixt to
compensation money
The love of sport — ever so weak a master as the love of
sport might of itself suffice to produce it for the production of it. In regard to
means, on the part of an individual, who could to whom the distress
of others were a source of amusement, in a word of pleasure in the shape of pleasure and
as yet there are always and every where and always, but too many
such, for the production of the effect nothing more would be requisite than a quantity of
time which for this amusement might without prejudice to
subsistence might be spared. History speaks of a rich Roman
, who, observing so no other than pecuniary penalties, limited to
the amount suited to measured by the pecuniary ability of the greatest number,
walked the street with the money in his hand
cuffing and kicking passengers and who as often as he met with a
passenger in whom he was disposed to act this the practical joke
he would kick after giving him a kick and a cuff, he would
throw the money in his face.
13
In this way boundless
is the suffering inflictable
without with very
small expence of time
Example, witnesses and
parties fetched from remote
places in defence
against a groundless
accusatory or other claiming or accusing
story
Erroneous would be the supposition that in this way
a man could not thus inflict suffering on others without conflating on himself correspondent
and equal or little less than equal suffering at the same time.
By an g unjust demand or accusation with a false tale for
the support of it he might subject the to untramelled suffering
whether in the name of compensation or of punishment
for want of witnesses when to whose appar attendancy to the knowledge of the his mendacious
pursuer, their distance prevented from the judgment seat sufficed
to appear an insuperable bar.
Identifier: | JB/055/043/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12-08 |
11-13 |
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055 |
Constitutional Code; Procedure Code |
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043 |
Procedure |
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001 |
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Text sheet |
1 |
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recto |
D4 / E4 |
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17764 |
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