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<p><note>Maxims</note></p> <p><note>10<lb/>Cases of <gap/> | <p><note>Maxims</note></p> <p><note>10<lb/>Cases of <del><gap/></del> law<lb/> might often receive<lb/> an instantaneous <lb/> decision</note></p> <p> Cases in which the dispute is confined to the point<lb/> of law <sic>admitt</sic> of an instantaneous decision, wheresoever<lb/> there is no doubt about the law <add>the point stands clear of difficulty</add> in the<lb/> breast of the Judge <hi rend="superscript">(a)</hi></p> <p><note>11<lb/> It is fortunate<lb/>that the greatest<lb/> number of cases<lb/> <sic>admitt</sic> of the<lb/> simplest mode<lb/> of procedure</note></p> <p>It happens fortunately that the course of procedure the<lb/> most frequently called for is of the simplest kind: fortunately<lb/> where the knowledge the power and the inclination<lb/>requisite for adapting this part of the fabric of<lb/> the law to what ought to be its end concur; a concurrence<lb/> which has now taken place in France, but<lb/> which neither subsists at present as ever has subsisted<lb/> in England.</p> <p><note>12<lb/> Whether a procedure<lb/> may be<lb/>summary depends<lb/> not upon the nature<lb/> of the Court</note></p> <p> The means best adapted for the investigation of<lb/> truth and for the enforcement of the <sic>judgment</sic> founded<lb/> thereupon are what they are in themselves, <add>depend upon the nature of things</add> and are<lb/> not to be varied by the powers <add>positive institution</add> and extent of jurisdiction<lb/> given to different courts are the same in one court<lb/> as another.</p> <p>Whether a cause shall take up <add>require</add> a longer time<lb/> or a shorter, whether it can be carried on in <add>what is called</add> a summary<lb/>way or not depends not upon the institution of <del>altogether</del> the<lb/> Court, nor even altogether upon the nature of the cause: it depends<lb/> in every cause upon the facility of procuring attendance on the<lb/> part of the parties where necessary or at any rate on that of the evidence.</p> <!-- line across the page --><p> (a) The Law of England <del><sic>admitts of</sic></del> affords no method of<lb/> taking the decision of the Judge upon the point of law<lb/> alone in the first instance: nor of obtaining the decision<lb/> of the Judge <add>upon the point of law</add> in any way before the incident has taken place<lb/> which calls for the application of his authority. <add>active powers</add></p> | ||
Maxims
10
Cases of law
might often receive
an instantaneous
decision
Cases in which the dispute is confined to the point
of law admitt of an instantaneous decision, wheresoever
there is no doubt about the law the point stands clear of difficulty in the
breast of the Judge (a)
11
It is fortunate
that the greatest
number of cases
admitt of the
simplest mode
of procedure
It happens fortunately that the course of procedure the
most frequently called for is of the simplest kind: fortunately
where the knowledge the power and the inclination
requisite for adapting this part of the fabric of
the law to what ought to be its end concur; a concurrence
which has now taken place in France, but
which neither subsists at present as ever has subsisted
in England.
12
Whether a procedure
may be
summary depends
not upon the nature
of the Court
The means best adapted for the investigation of
truth and for the enforcement of the judgment founded
thereupon are what they are in themselves, depend upon the nature of things and are
not to be varied by the powers positive institution and extent of jurisdiction
given to different courts are the same in one court
as another.
Whether a cause shall take up require a longer time
or a shorter, whether it can be carried on in what is called a summary
way or not depends not upon the institution of altogether the
Court, nor even altogether upon the nature of the cause: it depends
in every cause upon the facility of procuring attendance on the
part of the parties where necessary or at any rate on that of the evidence.
(a) The Law of England admitts of affords no method of
taking the decision of the Judge upon the point of law
alone in the first instance: nor of obtaining the decision
of the Judge upon the point of law in any way before the incident has taken place
which calls for the application of his authority. active powers
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Identifier: | JB/057/006/004"JB/" can not be assigned to a declared number type with value 57. |
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1-9, 6a, 7a, 10-12 |
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057 |
procedure code |
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006 |
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004 |
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text sheet |
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recto |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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18336 |
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