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<p>1823. Dec<hi rend="superscript">r.</hi> 12 1824 Nov. 28<lb/> | |||
' | <head>Constitutional Code</head><note>Ch. Initiatory application<lb/> | ||
§. <add>Extract</add> Applicants admissions</note></p> | |||
<p>☞. 28 Nov. 1824 Quere whether to employ this?</p> | |||
<p>III Rationale</p> | |||
<p>Question 1. Why, in the way of anticipation, extract from the<lb/> | |||
applicant, <del>the several</del> in case of them <add>the facts</add> having place the<lb/> | |||
several admissive statements N<hi rend="superscript">os</hi> , , and .</p> | |||
<p>Answers</p> | |||
<p>I. <del><gap/></del> For minimization of delay, vexation and expence.</p> | |||
<p>1. Those facts being established, <del>a proportional</del> <add>eventual</add> vexation<lb/> | |||
<del>and expence</del> in correspondent quality <del>are</del> <add>is</add> thus saved to all<lb/> | |||
persons concerned, namely applicant, proposed defendant,<lb/> | |||
Judge and Registrar: and <del>to</del> <add>as also</add> frequently to applicant and<lb/> | |||
proposed Defendant, <add>in addition to time more or less valuable pecuniary</add> expence. Thus is light as much<lb/> | |||
as the case admitts of, thrown at the outset <add>at the earliest stage</add> upon the<lb/> | |||
whole filed of eventual contestation.</p> | |||
<p>2. In <add>From</add> the established system in general, <add>all</add> this light<lb/> | |||
has in general, as much of it as possible been excluded.<lb/> | |||
Why? – because for the sake of the <add>functionary and other lawyer's</add> profit extractible out of<lb/> | |||
it <del><gap/></del> in those several systems the object has been –<lb/> | |||
not to minimize but to maximize the the expence<lb/> | |||
the expence, and thence the vexation in every shape<lb/> | |||
attached to it.</p> | |||
<p><add><del>3.</del></add> II. For maximization of the probability of rectitude of<lb/> | |||
decision. The more particular the statements required<lb/> | |||
at the hand of the Judge, the stronger the security against<lb/> | |||
<gap/> <add>through indolence</add> or misdecision through the desire of giving effect<lb/> | |||
to <del>such</del> sinister interest in some shape or other by<lb/> | |||
<unclear>decision</unclear> giving encrease to <gap/> <unclear>penal</unclear> without any<lb/> | |||
adequate justificative reason for its ground.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Decr. 12 1824 Nov. 28
Constitutional CodeCh. Initiatory application
§. Extract Applicants admissions
☞. 28 Nov. 1824 Quere whether to employ this?
III Rationale
Question 1. Why, in the way of anticipation, extract from the
applicant, the several in case of them the facts having place the
several admissive statements Nos , , and .
Answers
I. For minimization of delay, vexation and expence.
1. Those facts being established, a proportional eventual vexation
and expence in correspondent quality are is thus saved to all
persons concerned, namely applicant, proposed defendant,
Judge and Registrar: and to as also frequently to applicant and
proposed Defendant, in addition to time more or less valuable pecuniary expence. Thus is light as much
as the case admitts of, thrown at the outset at the earliest stage upon the
whole filed of eventual contestation.
2. In From the established system in general, all this light
has in general, as much of it as possible been excluded.
Why? – because for the sake of the functionary and other lawyer's profit extractible out of
it in those several systems the object has been –
not to minimize but to maximize the the expence
the expence, and thence the vexation in every shape
attached to it.
3. II. For maximization of the probability of rectitude of
decision. The more particular the statements required
at the hand of the Judge, the stronger the security against
through indolence or misdecision through the desire of giving effect
to such sinister interest in some shape or other by
decision giving encrease to penal without any
adequate justificative reason for its ground.
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Identifier: | JB/055/235/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12-12 |
1-2 |
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055 |
Constitutional Code; Procedure Code |
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235 |
Constitutional Code |
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001 |
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Text sheet |
1 |
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recto |
E1 |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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[[notes_public::"28 Nov. 1824 Quere whether to employ this?" [note in Bentham's hand]]] |
17956 |
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