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<head>28. Nov. 1810 <lb/>Prizes<lb/></head> | <head>28. Nov. 1810 <lb/>Prizes<lb/></head> | ||
<note>20 <lb/>Ch. 1. Beginning <lb/>9 <lb/> | <note>20 <lb/>Ch. 1. Beginning <lb/>9 <lb/>§. 4. III. Insufficiency <lb/>23<lb/>20 <lb/>To vexation from<lb/>litigation, on the faith<lb/>of the engagement <lb/>taken by the law <lb/>must be added d<hi rend="superscript">o</hi><lb/>from the <add>complication</add> obscurity,<lb/>uncertainty, and <lb/>uncognizability of <lb/>the law itself. <lb/>On each mans knowledge <lb/>of the law depends <lb/>his expectation of the <lb/>reward: on his expectation<lb/> of the reward, <lb/>so far as the reward <lb/>is of use, his service </note><lb/> | ||
<p>The list of <add>latent</add> drawbacks would in this case be far enough<lb/>from <add>being</add> compleat - if, under the head of vexation, mention<lb/>were not made of that mass <add>of vexation</add> which has for its efficient<lb/>cause the obscurity <add>complication</add> uncertainty obscurity and uncognizability<lb/>of the law. It is from <add>in</add> the law that the title of the individual<lb/>must in this as in other cases be derived: it is<lb/>in the law that he beholds the <del>found</del> <add>ground</add> on which his expectations<lb/>rest: it is only in proportion as his conception and opinion<lb/>of what the law has done, <add>and will eventually be destined to have done</add> in his favour is determinate,<lb/>that his expectation of <add>eventually</add> receiving the rewards held out to<lb/>him or supposed to be held out to him can be <add>firm and</add> determinate:<lb/>it is only in proportion as it is firm and determinate<lb/>that it can operate on his conduct with that firm and<lb/><del>sufficiency</del> <add>efficiency</add> in which <del>every</del> <add>the receipt of</add> whatever service is expected<lb/>or wished for at his hands depends.<lb/></p> | |||
<note>21 <lb/><hi rend="underline">Vice</hi> simple &c. <lb/>here as elsewhere<lb/> the law is complicated &c. <lb/>Here vexation, <gap/><lb/> a latent<lb/>drawback from the <lb/>operative value of the<lb/> reward See <gap/> . II.</note><lb/> | |||
<p>But, <del>To every good</del> <add><del>beneficial</del></add> <add><del>purpose from</del></add> simple, certain, clear and cognisable as it<lb/>might be made and ought to be made, complications<lb/>uncertainty obscurity and uncognizability are <add>in this country</add> in <lb/>this as in <del>cases</del> every other part of the field of action<lb/>and legislation, among the attributes of the law. <unclear>Harm</unclear> on the<lb/>part of one <add>this</add> man, utter ignorance in the part of that other man<lb/><del>and <gap/> in this other <gap/> of the law.</del><lb/>a mixture of knowledge ignorance and error, entrapping him into<lb/><note>hopes and vexations <lb/>from which utter ignorance <lb/>would have kept him free <lb/>harm in a variety of ways<lb/>a latent drawback, making <lb/>a real and considerable, howsoever <lb/>imponderable <lb/>a defalcation from the <lb/>real value and effective virtue of the proffered remuneration.</note><lb/></p> | |||
<note>22<lb/>Unperceived by those <lb/>in whose power it is<lb/>to cure it the imperfection<lb/><hi rend="underline">would not <lb/>be</hi> abuse: perceived, <lb/>it <hi rend="underline">is</hi></note><lb/> | |||
<p>If these vices <add>tortuousities</add> <add>diseases in the body of the law</add> in the rule <add>law</add> of action could be supposed<lb/>to be out of sight <add>and observance</add> of those in whose power <add>alone</add> it is to<lb/>cure <add>remedy</add> <add>heal</add> them the mischief would wear no heavier name<lb/>than that of imperfection. But it being for the advantage <add>interest</add><lb/>of those in whose power it is to remedy them <add>cure them</add> that<lb/>they should continue unremedied, and not only uncured<lb/>but exasperated <add>and raised</add> to the highest pitch of human endurance<lb/>the mischief <del>has for its manifest <add>obvious</add> </del> is of the number of those<lb/>which have for their manifest cause sinister interest, and<lb/>therefore ranges itself with indisputable propriety under the head of <hi rend="underline">abuse</hi>.<lb/></p><pb/> | |||
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28. Nov. 1810
Prizes
20
Ch. 1. Beginning
9
§. 4. III. Insufficiency
23
20
To vexation from
litigation, on the faith
of the engagement
taken by the law
must be added do
from the complication obscurity,
uncertainty, and
uncognizability of
the law itself.
On each mans knowledge
of the law depends
his expectation of the
reward: on his expectation
of the reward,
so far as the reward
is of use, his service
The list of latent drawbacks would in this case be far enough
from being compleat - if, under the head of vexation, mention
were not made of that mass of vexation which has for its efficient
cause the obscurity complication uncertainty obscurity and uncognizability
of the law. It is from in the law that the title of the individual
must in this as in other cases be derived: it is
in the law that he beholds the found ground on which his expectations
rest: it is only in proportion as his conception and opinion
of what the law has done, and will eventually be destined to have done in his favour is determinate,
that his expectation of eventually receiving the rewards held out to
him or supposed to be held out to him can be firm and determinate:
it is only in proportion as it is firm and determinate
that it can operate on his conduct with that firm and
sufficiency efficiency in which every the receipt of whatever service is expected
or wished for at his hands depends.
21
Vice simple &c.
here as elsewhere
the law is complicated &c.
Here vexation,
a latent
drawback from the
operative value of the
reward See . II.
But, To every good beneficial purpose from simple, certain, clear and cognisable as it
might be made and ought to be made, complications
uncertainty obscurity and uncognizability are in this country in
this as in cases every other part of the field of action
and legislation, among the attributes of the law. Harm on the
part of one this man, utter ignorance in the part of that other man
and in this other of the law.
a mixture of knowledge ignorance and error, entrapping him into
hopes and vexations
from which utter ignorance
would have kept him free
harm in a variety of ways
a latent drawback, making
a real and considerable, howsoever
imponderable
a defalcation from the
real value and effective virtue of the proffered remuneration.
22
Unperceived by those
in whose power it is
to cure it the imperfection
would not
be abuse: perceived,
it is
If these vices tortuousities diseases in the body of the law in the rule law of action could be supposed
to be out of sight and observance of those in whose power alone it is to
cure remedy heal them the mischief would wear no heavier name
than that of imperfection. But it being for the advantage interest
of those in whose power it is to remedy them cure them that
they should continue unremedied, and not only uncured
but exasperated and raised to the highest pitch of human endurance
the mischief has for its manifest obvious is of the number of those
which have for their manifest cause sinister interest, and
therefore ranges itself with indisputable propriety under the head of abuse.
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1810-11-25 |
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Jeremy Bentham |
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