JB/052/166/001

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1823. August 18
Constitutional Procedure Code

4
General View
4 Ends of Judicature

11
Problem to be resolved
maximization of redress
minimization of
hardship

Here then the endeavours of the philanthropist in the time
may be expressed by the one problem — how to pre unite the
maximization of secur redress for the injured in the character of pursuer with the minimization
of hardship on those the innocent in the character of
defendants?

These being the ends the means may be stated as follows

12
Means
I Security exacted from
pursuer for eventual
justiciability

1. In so far as necessary antecedent condition under the name of
security for eventual justifi justiciability on the plaintiffs side this condition imposed to
to the borrowing of obtainment of the judicial moves for the alleged
purpose of seeking redress for injury

13
II Compensation and
even punishment ton
pursuers for /blameable vexation
to defendants

2. In case of unjust demand, for the prevention of mindless
and unprofitable vexation and expence such as might otherwise be imposed
on per individuals in bought into the of defendants by individuals
placing themselves in the situation of plaintiff, provision made of eventual burthen not only compensation
but punishment to be inflicted on these alone in whose
inclusion the existence of blame in the one or oth of two shapes
has been established.

14
Shapes of blameableness

Those two shapes are 1. evil consciousness 2. temerity
or readiness

1 by evil consciousness

By evil consciousness understand on the part of him by
whom a command is carried on, a censurable of the
injustice of it of the non execution of all adequate ground for it

2 by temerity or rashness

By temerity or rashness understand the absence of that
due by which if upon the subject the
he by whom an unjust hurt is command or ground would
have been rendered conscious of the injustice of it

15
III Assistance to helpless
litigants

Say taxes enforced to such Ruler as has been found to blame.

Tax for vexatious pursuit:
tax for vexatious defence

3. In law cases, assistance ordered at the expence of
the public or of spontaneously contributing individuals assistance
afforded to persons to whom whether as the pursuer or in the defendant
side natural expence of the of Money coupled with the inability to defray the expence
could have
could otherwise keep in
or keep destitute
of the means.

Identifier: | JB/052/166/001"JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-08-18	Marginal Summary Numbering	11-15
Box	052	Main Headings	procedure code
Folio number	166	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16839
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