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<p>May 1804</p> <head><del>Evidence</head> <p><note><sic>Ch.</sic> Justice <lb/> § Outlawry</note><lb/> (1</p> <p><note>1<lb/> Inadequacy of the securities<lb/> for <sic>sufficiability</sic><lb/> under the English law<lb/> the result of narrow view</note></p> <p><Between <del>good</del> bad theory & bad practices the connection is most intimate<lb/> Good <add>Bad</add> theory and good <add>bad</add> practice are inseparable. <add>Scanty and</add> Inadequate<lb/> arrangements are the necessary result of <add>partial and</add> narrow views.</p> <p><note>2<lb/> <sic>Outlawry,</sic> in respect<lb/> of the forfeiture of the<lb/> protection of the law contained<lb/> in it, an<lb/> inadequate <foreign>succedaneum</foreign><lb/> to sequestration in<lb/>income/possessions.</note></p> <p>Of <add>To</add> sequestration mans possessions as above described,<lb/> we may see a partial <foreign>succedaneum</foreign> in the punishment <lb/>or process <del>of <sic>outlawry</sic></del> known by the name of <sic>Outlawry</sic><lb/> in English law. <hi rend="superscript">+</hi> Forfeiture of the protection of the law <unclear>unrestricted</unclear><lb/> of property. What does it do towards accomplishing the end<lb/> it aims at? little, and that little badly.</p> <p><note>3<lb/> It takes no care of the<lb/> party injured it <del>proceed</del><lb/> does nothing towards securing<lb/> to him the matter<lb/> of satisfaction.</note></p> <p>What it <add>as we have seen, it</add> ought to do, is to visit in some trustworthy heads<lb/> for the benefit of the party injured, the matter of compensation. <add>satisfaction</add><lb/> so far as that matter is obtainable<add>can be made forthcoming</add> at the <sic>expence</sic> of the wrongdoer.</p> <p> What it does not is this. This is what it does not do.<lb/> It does not <del>command</del> impose on any person the obligation of<lb/>securing the object for the benefit of the party injured</p> <p><note> 4<lb/> It wastes it, by<lb/> <del><gap/></del> giving to his debtors<lb/> the amount of their debts<lb/> seeking to corrupt men<lb/> by offers which can<lb/> not without dishonesty<lb/> be accepted.</note></p> <p>It does not so much as impose on any person the negative obligation<lb/>of not transferring it over to the author of the injury<lb/> All that it does is to <del> <gap/></del> <add>hold out</add> give to any person <add>to</add> whom it<lb/> may happen to have property of the wrongdoers in his hands<lb/> <add>permission</add> to keep it there.</p> <p> On an honest debtor or trustee it makes no impression<lb/> it produces no effect: he rejects with horror the offer it makes<lb/> him <del><gap/></del> at the expense of <add>good faith &</add> justice</p> <p> So far then as men are honest; it misses the end it<lb/> aims at <add><gap/> to aim at</add> — it affords not the security it pretends to give — it<lb/> administers not the relief it pretends to administer. If in any <add>this or that</add> instances<lb/>it accomplishes this end, it is not only in so far as men<lb/>are dishonest — that is in so far as it has succeeded in making <lb/> them so.</p> | <p>May 1804</p> <head><del>Evidence</head> <p><note><sic>Ch.</sic> Justice <sic.Eng.</sic> Law<lb/> § Outlawry</note><lb/> (1</p> <p><note>1<lb/> Inadequacy of the securities<lb/> for <sic>sufficiability</sic><lb/> under the English law<lb/> the result of narrow view</note></p> <p><Between <del>good</del> bad theory & bad practices the connection is most intimate<lb/> Good <add>Bad</add> theory and good <add>bad</add> practice are inseparable. <add>Scanty and</add> Inadequate<lb/> arrangements are the necessary result of <add>partial and</add> narrow views.</p> <p><note>2<lb/> <sic>Outlawry,</sic> in respect<lb/> of the forfeiture of the<lb/> protection of the law contained<lb/> in it, an<lb/> inadequate <foreign>succedaneum</foreign><lb/> to sequestration in<lb/>income/possessions.</note></p> <p>Of <add>To</add> sequestration mans possessions as above described,<lb/> we may see a partial <foreign>succedaneum</foreign> in the punishment <lb/>or process <del>of <sic>outlawry</sic></del> known by the name of <sic>Outlawry</sic><lb/> in English law. <hi rend="superscript">+</hi> Forfeiture of the protection of the law <unclear>unrestricted</unclear><lb/> of property. What does it do towards accomplishing the end<lb/> it aims at? little, and that little badly.</p> <p><note>3<lb/> It takes no care of the<lb/> party injured it <del>proceed</del><lb/> does nothing towards securing<lb/> to him the matter<lb/> of satisfaction.</note></p> <p>What it <add>as we have seen, it</add> ought to do, is to visit in some trustworthy heads<lb/> for the benefit of the party injured, the matter of compensation. <add>satisfaction</add><lb/> so far as that matter is obtainable<add>can be made forthcoming</add> at the <sic>expence</sic> of the wrongdoer.</p> <p> What it does not is this. This is what it does not do.<lb/> It does not <del>command</del> impose on any person the obligation of<lb/>securing the object for the benefit of the party injured</p> <p><note> 4<lb/> It wastes it, by<lb/> <del><gap/></del> giving to his debtors<lb/> the amount of their debts<lb/> seeking to corrupt men<lb/> by offers which can<lb/> not without dishonesty<lb/> be accepted.</note></p> <p>It does not so much as impose on any person the negative obligation<lb/>of not transferring it over to the author of the injury<lb/> All that it does is to <del> <gap/></del> <add>hold out</add> give to any person <add>to</add> whom it<lb/> may happen to have property of the wrongdoers in his hands<lb/> <add>permission</add> to keep it there.</p> <p> On an honest debtor or trustee it makes no impression<lb/> it produces no effect: he rejects with horror the offer it makes<lb/> him <del><gap/></del> at the expense of <add>good faith &</add> justice</p> <p> So far then as men are honest; it misses the end it<lb/> aims at <add><gap/> to aim at</add> — it affords not the security it pretends to give — it<lb/> administers not the relief it pretends to administer. If in any <add>this or that</add> instances<lb/>it accomplishes this end, it is not only in so far as men<lb/>are dishonest — that is in so far as it has succeeded in making <lb/> them so.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
May 1804
Evidence
Ch. Justice <sic.Eng.</sic> Law
§ Outlawry
(1
1
Inadequacy of the securities
for sufficiability
under the English law
the result of narrow view
<Between good bad theory & bad practices the connection is most intimate
Good Bad theory and good bad practice are inseparable. Scanty and Inadequate
arrangements are the necessary result of partial and narrow views.
2
Outlawry, in respect
of the forfeiture of the
protection of the law contained
in it, an
inadequate succedaneum
to sequestration in
income/possessions.
Of To sequestration mans possessions as above described,
we may see a partial succedaneum in the punishment
or process of outlawry known by the name of Outlawry
in English law. + Forfeiture of the protection of the law unrestricted
of property. What does it do towards accomplishing the end
it aims at? little, and that little badly.
3
It takes no care of the
party injured it proceed
does nothing towards securing
to him the matter
of satisfaction.
What it as we have seen, it ought to do, is to visit in some trustworthy heads
for the benefit of the party injured, the matter of compensation. satisfaction
so far as that matter is obtainablecan be made forthcoming at the expence of the wrongdoer.
What it does not is this. This is what it does not do.
It does not command impose on any person the obligation of
securing the object for the benefit of the party injured
4
It wastes it, by
giving to his debtors
the amount of their debts
seeking to corrupt men
by offers which can
not without dishonesty
be accepted.
It does not so much as impose on any person the negative obligation
of not transferring it over to the author of the injury
All that it does is to hold out give to any person to whom it
may happen to have property of the wrongdoers in his hands
permission to keep it there.
On an honest debtor or trustee it makes no impression
it produces no effect: he rejects with horror the offer it makes
him at the expense of good faith & justice
So far then as men are honest; it misses the end it
aims at to aim at — it affords not the security it pretends to give — it
administers not the relief it pretends to administer. If in any this or that instances
it accomplishes this end, it is not only in so far as men
are dishonest — that is in so far as it has succeeded in making
them so.
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jeremy bentham |
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