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<p><!-- pencil -->12 June 1805<lb/> | |||
<head>Evidence</head></p> | |||
<p><del>4. The instance in which personal attendance is every where<lb/> | |||
more or less in use, and has no where been felt as a hardship or complained<lb/> | |||
of as <unclear>consequence</unclear></del></p> | |||
<p>In England, though in point of <add>aggregate</add> pecuniary value, whatever<lb/> | |||
value, the number of instances in which personal attendance <add>of parties</add> does<lb/> | |||
take place is <add>may perhaps be</add> inconsiderable, yet in point of number of causes,<lb/> | |||
and thence relative <add>aggregative</add> value, it would probably be fund in a considerable<lb/> | |||
degree the greater.<hi rend="superscript">+</hi> <note><hi rend="superscript">+</hi> See Ch. Pecuniary</note></p> | |||
<p>5. As to the case were vexation in this shape (as supposed) is<lb/> | |||
encreased to an indefinite extent by the <add>an indefinite</add> multitude of persons<lb/> | |||
joining, conspiring <add>confederating</add>, for the purpose of producing it, and without cause<lb/> | |||
under every system, technical or <add>as well as</add> natural, men will be exposed to be<lb/> | |||
afflicted in this way, and without <add>power of prevention</add>, limit or redress – <add>satisfaction</add> if no adequate<lb/> | |||
means of prevention nor any adequate means of satisfaction are<lb/> | |||
provided in relation to it. But as <del><gap/></del> <add>under</add> the technical system it is<lb/> | |||
not forgotten <add>not left without provision</add>, still less would it under the natural.</p> | |||
<p>Under the natural in the form here proposed, <add>no single person in the character of plaintiff</add> not one of the whole number<lb/> | |||
of approved conspirators can attempt to <unclear>expose</unclear> the defendant to<lb/> | |||
his inconvenience <add>reaction</add> without <del><add>having</add> presented himself previously, and</del><lb/> | |||
presenting himself <add>his own person</add> ready to <del>undergo</del> be subjected to the obligation <add>burthen</add><lb/> | |||
of punishment or <add>that of</add> satisfaction or both in case of any misconduct<lb/> | |||
on his part in relation to it: under the technical system, any<lb/> | |||
number of conspirators may concurr in imposing this burthen upon<lb/> | |||
the <del>par</del> individual marked out as the object of their oppression, <del><gap/><lb/> | |||
is under this</del> every one <add>each of them</add> without <del>affording to the injured person</del> subjecting<lb/> | |||
himself to any such inconvenience or risk.</p> | |||
<p>Under the natural system no such person can in the character of<lb/> | |||
plaintiff take his chance for subjecting a man to any such vexation in the<lb/> | |||
character of defendant without having previously not only previously subjected<lb/> | |||
himself to the like vexation (which to him may perhaps be no hardship, though a<lb/> | |||
grievous one to the <del>defen</del> opposite side) but subjected himself to examination as to<lb/> | |||
cause and real demand for the imposition of the burthen, <del>and</del> thence to<lb/> | |||
punishment s for perjury in case of mendacity in relation to such<lb/> | |||
demand. Under the technical system no such security is afforded.<hi rend="superscript">(a)</hi></p> | |||
<p>(a) In the English system at least, except in particular cases.</p> | |||
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12 June 1805
Evidence
4. The instance in which personal attendance is every where
more or less in use, and has no where been felt as a hardship or complained
of as consequence
In England, though in point of aggregate pecuniary value, whatever
value, the number of instances in which personal attendance of parties does
take place is may perhaps be inconsiderable, yet in point of number of causes,
and thence relative aggregative value, it would probably be fund in a considerable
degree the greater.+ + See Ch. Pecuniary
5. As to the case were vexation in this shape (as supposed) is
encreased to an indefinite extent by the an indefinite multitude of persons
joining, conspiring confederating, for the purpose of producing it, and without cause
under every system, technical or as well as natural, men will be exposed to be
afflicted in this way, and without power of prevention, limit or redress – satisfaction if no adequate
means of prevention nor any adequate means of satisfaction are
provided in relation to it. But as under the technical system it is
not forgotten not left without provision, still less would it under the natural.
Under the natural in the form here proposed, no single person in the character of plaintiff not one of the whole number
of approved conspirators can attempt to expose the defendant to
his inconvenience reaction without having presented himself previously, and
presenting himself his own person ready to undergo be subjected to the obligation burthen
of punishment or that of satisfaction or both in case of any misconduct
on his part in relation to it: under the technical system, any
number of conspirators may concurr in imposing this burthen upon
the par individual marked out as the object of their oppression,
is under this every one each of them without affording to the injured person subjecting
himself to any such inconvenience or risk.
Under the natural system no such person can in the character of
plaintiff take his chance for subjecting a man to any such vexation in the
character of defendant without having previously not only previously subjected
himself to the like vexation (which to him may perhaps be no hardship, though a
grievous one to the defen opposite side) but subjected himself to examination as to
cause and real demand for the imposition of the burthen, and thence to
punishment s for perjury in case of mendacity in relation to such
demand. Under the technical system no such security is afforded.(a)
(a) In the English system at least, except in particular cases.
Identifier: | JB/058/280/001"JB/" can not be assigned to a declared number type with value 58. |
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1805-06-12 |
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058 |
evidence |
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280 |
evidence |
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001 |
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recto |
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jeremy bentham |
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