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<head>1823. August 18<lb/><del>Constitutional</del> <add>Procedure</add> Code</head <p>4<lb/><note>General View</note><lb/>4 <note>Ends of Judicature</note></p> <p.<note>11<lb/>Problem to be resolved<lb/>maximization of redress<lb/>minimization of<lb/>hardship</note></p> <p>here then the endeavours of the philanthropist in the time<lb/>may be expressed by this one problem — how to <del>pre</del> unite the<lb/>maximization of <del>secure</del> redress for the injured <add>in the character of pursuer</add> with the minimization<lb/>of hardship on <del>those</del> the <gap/> in the character of<lb/>defendants?</p> <p.<note>12<lb/>Means<lb/>I Security exacted from<lb/>pursuer for eventual<lb/>justiciability</note></p> <p>Three being the ends the means may be stated as follows</p> <p>1. In so far as necessary <del><gap/> <gap/></del> under the name of<lb/>security for eventual <del>justifi</del> justiciability <add>on the plaintiffs side<gap/></add> condition imposed to<lb/>to the <del><gap/> of</del> obtainment of the <gap/> <gap/> for the alledged<lb/>purpose of seeking redress for injury</p> <p><note>13<lb/>II Compensation and<lb/>even punishment on<lb/>pursuers for <add>blameable</add> vexation<lb/>to defendants</note></p> <p.2> In case of unjust demand for the prevention of mindless<lb/>and impropelate vexation <add>and <sic>expence</sic></add> such as might otherwise be imposed<lb/>on <del>per</del> individuals in <add>bought into</add> the <gap/> of defendants by individuals<lb/>placing themselves in the situation of plaintiff, <add><gap/> <gap/> of <del><gap/></del> <gap/> <gap/></add> not only compensation<lb/>but punishment to be inflicted on these alone in whom<lb/><gap/> the existence of blame <del>is</del> the <del><gap/></del> <del>oth</del> of <gap/> shape<lb/>has been established.</p> <p><note>14<lb/>Shapes of <sic>blameableness</sic></note></p> <p>Those two shapes are 1. evil <gap/> 2. <gap/><lb/>or readiness</p> <p><note>1 by evil consciousness</note></p> <p>By evil consciousness understand on the part of him by<lb/><gaap/>: <del><gap/></del> a command is carried on, a consensurable of the<lb/>injustice of it of the non execution of all adequate ground for it</p> <p><note>2 by temerity or rashness</note></p> <p>By temerity or rashness understand the absence of that<lb/>due <gap/> <add>by</ad> which if <gap/> upon the subject <del>the <gap/> <gap/></del><lb/>he by whom the unjust act is command or <gap/> would<lb/>have been rendered <gap/> by the injustice of it</p> <p><note>15<lb/>III Assistance to helpless<lb/>litigants</note></p> <p>Sat <gap/> times <gap/> to such <gap/> as has been found to blame.</p> <p>Tax for <gap/> <gap/><lb/><gap/> for vexatious defence</note></p> <p>3. In <gap/>cases, assistance ordered at the <sic>expence</sic> of<lb/>the <gap/> of spontaneously <gap/> individuals assistance<lb/>afforded to persons to whom whether as the pursuer or in the chased role<lb/>side <del><gap/><</del> natural <sic>expence</sic> <add><gap/> of the <gap/> <gap/> of <gap/> <gap/></add> coupled with the inability to defray the <sic>expence</sic><lb/><add><gap/> <gap/></add> <lb/><!-- continues in margin --> could otherwise keep —<lb/><gap/> or keep <gap/><lb/>of the means.</p> | |||
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<head>1823. August 18
Constitutional Procedure Code</head
4
General View
4 Ends of Judicature
<p.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 this one problem — how to pre unite the
maximization of secure redress for the injured in the character of pursuer with the minimization
of hardship on those the in the character of
defendants?
<p.12
Means
I Security exacted from
pursuer for eventual
justiciability
Three being the ends the means may be stated as follows
1. In so far as necessary under the name of
security for eventual justifi justiciability on the plaintiffs side condition imposed to
to the of obtainment of the for the alledged
purpose of seeking redress for injury
13
II Compensation and
even punishment on
pursuers for blameable vexation
to defendants
<p.2> In case of unjust demand for the prevention of mindless
and impropelate 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, of not only compensation
but punishment to be inflicted on these alone in whom
the existence of blame is the oth of shape
has been established.
14
Shapes of blameableness
Those two shapes are 1. evil 2.
or readiness
1 by evil consciousness
By evil consciousness understand on the part of him by
<gaap/>: a command is carried on, a consensurable 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</ad> which if upon the subject the
he by whom the unjust act is command or would
have been rendered by the injustice of it
15
III Assistance to helpless
litigants
Sat times to such as has been found to blame.
Tax for
for vexatious defence</note>
3. In cases, assistance ordered at the expence of
the of spontaneously individuals assistance
afforded to persons to whom whether as the pursuer or in the chased role
side < natural expence <add> of the of coupled with the inability to defray the expence
could otherwise keep —
or keep
of the means.
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