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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 3.<lb/>Law Amendment.</head> <p><note><sic>Ult</sic><lb/>Propositions<lb/><sic>Ch.</sic> Procedure<lb/>§.1. Beginning</note></p> <p>In the one case <add>By the one operation</add> the power of doing wrong <add>to a certain portion/number of the members of the <unclear>community</unclear></add> is <del>sold to</del> given <!-- brackets in pencil -->[to all]<lb/><foreign>gratis</foreign>: by the other <del>the</del> <add>a special</add> power of doing wrong is sold for a price.</p> <p><note>24<lb/><del>Those who depend</del> The<lb/>practice <del>must shall</del> <add>only elicited by</add><lb/><del>their eyes to</del> the following<lb/>circumstances</note></p> <p>To the class of the relatively opulent belongs of course every<lb/>person by whom <del>either a large</del> either for general purpose or<lb/>for defraying the <sic>expence</sic> of judicature a tax on the faculty of<lb/>complaint <add>in a Judicatory</add> or that of self defence is advocated. <hi rend="superscript">[+]</hi> <note><hi rend="superscript">[+]</hi> the men who by the<lb/>inability to pay for the<lb/><del><sic>expence</sic> of complaint<lb/>or that of self defence<lb/>or suffering wrong for<lb/>want of, or by reason<lb/>of the</del> price put upon<lb/>justice or suffering injustice<lb/><del>be in</del> it is<lb/>not in <del>human</del> <add>mans</add> nature<lb/>that by him the <unclear>vexation</unclear><lb/>of that price should be<lb/>called for or approved</note> In this case<lb/>the following are the causes <del>to</del> <add>by</add> which in one or more of them the part<lb/>he takes will have been produced.</p> <p><note>1 that, the vast magnitude<lb/>of the people are unable<lb/>to pay the price set upon<lb/>justice</note></p> <p>1. It does not occur to him that any person poor <add>indigent</add> to such<lb/>a degree as to be by the proposed means excluded from Judicature <add>exposed to suffering in all shape</add><lb/>are in existence: and <add>yet</add> in this case under the existing system are the<lb/>vast majority of the people.</p> <p><note>2 the multitude of<lb/>those who are in that<lb/>situation & the degree<lb/>to which they suffer<lb/>from it</note></p> <p>2. What <del>is</del> the multitude is of those who then suffer under<lb/>what degree each one suffers or to have a number of <gap/></p> <p><note>3 The consequent degree<lb/>of oppression they labour<lb/>under <del>it</del></note></p> <p>3. <add>Of</add> the degree in which <del>they</del> by oppression they are exposed to<lb/>suffering is to have <add>the contemplation</add> <del>and object</del> <add>a <gap/></add> of satisfaction, and the contrivance<lb/>of it an object of endeavour, to avail himself upon<lb/>any occasion of the faculty of <add>so</add> exercising oppression <add>in the number</add> being among<lb/>his intentions <add>designs</add> and his nature. <del>being of the number of <gap/><lb/>a pur</del> such conduct <add>in particular</add> forming part of his place for the <del><gap/></del> general<lb/>conduct of his life: <add>and for the purchase of this advantage they are<lb/>content to <del><gap/></del> expose themselves to and eventually to saddle themselves with<lb/>the <sic>expence</sic> of <sic>litiscontestation</sic> each in is own instance, on whatever side of<lb/><!-- continues into the margin --> the suit it may happen<lb/>to him to be placed. At<lb/>this price he purchases<lb/>a share in the exclusive/monopoly<lb/>share in <del>the benefit</del> the benefit of what<lb/>goes by the name of <hi rend="underline">justice</hi><lb/>that is to say the service<lb/>rendered by the exercise<lb/>given to the power of the<lb/>Judge.</add></p> <p><note>25<lb/>Objection. This cannot<lb/>be true for instance oppression<lb/>would be universal<lb/>& society would not exist</note></p> <p>But (says somebody) what is above can not be true,<lb/>for if it were society could not subsist, or at any rate oppression<lb/>would be universal. But society does subsist, and oppression though<lb/>unquestionably more extensive than could be wished is still far short of<lb/>being universal.</p> <p><note>26<lb/>Answer. True society<lb/>subsists & oppression is not<lb/>universal, but what<lb/>is above is not the<lb/>less true</note></p> <p>Answer. True society does subsist and oppression is still short<lb/>of being universal. But what is above is not the less true.</p> <p><del>The <gap/></del> Of the check in the disposition to do wrong the efficiency<lb/>depends on the immediate way not upon what would eventually and really<lb/>be the suffering endured by the wrongdoer, but upon what he who has it<lb/>in contemplation of being a wrongdoer, suppose that it would be: and<lb/>by <add>the great multitude of</add> suits would be wrongdoers the probability of such <add>salutary</add> suffering is <del>always</del> <add>uniformly</add><lb/>overrated. The overvaluation has for its cause the overvaluation of the <del>existing System</del><lb/>aptitude of the existing system as a whole with reference to the <unclear>production</unclear> of the good effects professed by it<lb/>to be <gap/> <unclear>into</unclear><lb/><gap/></p> | |||
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1827. Novr. 3.
Law Amendment.
Ult
Propositions
Ch. Procedure
§.1. Beginning
In the one case By the one operation the power of doing wrong to a certain portion/number of the members of the community is sold to given [to all]
gratis: by the other the a special power of doing wrong is sold for a price.
24
Those who depend The
practice must shall only elicited by
their eyes to the following
circumstances
To the class of the relatively opulent belongs of course every
person by whom either a large either for general purpose or
for defraying the expence of judicature a tax on the faculty of
complaint in a Judicatory or that of self defence is advocated. [+] [+] the men who by the
inability to pay for the
expence of complaint
or that of self defence
or suffering wrong for
want of, or by reason
of the price put upon
justice or suffering injustice
be in it is
not in human mans nature
that by him the vexation
of that price should be
called for or approved In this case
the following are the causes to by which in one or more of them the part
he takes will have been produced.
1 that, the vast magnitude
of the people are unable
to pay the price set upon
justice
1. It does not occur to him that any person poor indigent to such
a degree as to be by the proposed means excluded from Judicature exposed to suffering in all shape
are in existence: and yet in this case under the existing system are the
vast majority of the people.
2 the multitude of
those who are in that
situation & the degree
to which they suffer
from it
2. What is the multitude is of those who then suffer under
what degree each one suffers or to have a number of
3 The consequent degree
of oppression they labour
under it
3. Of the degree in which they by oppression they are exposed to
suffering is to have the contemplation and object a of satisfaction, and the contrivance
of it an object of endeavour, to avail himself upon
any occasion of the faculty of so exercising oppression in the number being among
his intentions designs and his nature. being of the number of
a pur such conduct in particular forming part of his place for the general
conduct of his life: and for the purchase of this advantage they are
content to expose themselves to and eventually to saddle themselves with
the expence of litiscontestation each in is own instance, on whatever side of
the suit it may happen
to him to be placed. At
this price he purchases
a share in the exclusive/monopoly
share in the benefit the benefit of what
goes by the name of justice
that is to say the service
rendered by the exercise
given to the power of the
Judge.
25
Objection. This cannot
be true for instance oppression
would be universal
& society would not exist
But (says somebody) what is above can not be true,
for if it were society could not subsist, or at any rate oppression
would be universal. But society does subsist, and oppression though
unquestionably more extensive than could be wished is still far short of
being universal.
26
Answer. True society
subsists & oppression is not
universal, but what
is above is not the
less true
Answer. True society does subsist and oppression is still short
of being universal. But what is above is not the less true.
The Of the check in the disposition to do wrong the efficiency
depends on the immediate way not upon what would eventually and really
be the suffering endured by the wrongdoer, but upon what he who has it
in contemplation of being a wrongdoer, suppose that it would be: and
by the great multitude of suits would be wrongdoers the probability of such salutary suffering is always uniformly
overrated. The overvaluation has for its cause the overvaluation of the existing System
aptitude of the existing system as a whole with reference to the production of the good effects professed by it
to be into
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