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<p><!-- pencil -->7 March 1807</p> | |||
'' | <p>I. First as to the <hi rend="underline">shapes</hi> in which <hi rend="underline">injustice</hi>, considered<lb/> | ||
as resulting from the conduct of a Judge, is liable to manifest<lb/> | |||
itself. <del>On</del> Three may be considered as corresponding<lb/> | |||
to the several <hi rend="underline">ends of justice</hi>, so often spoken of. So many<lb/> | |||
of those ends, so many primary dictates of justice. On the<lb/> | |||
part of any Judge or Court of Justice an act of injustice<lb/> | |||
will be an act operating or tending <add>as</add> to operate in <del>violation</del> <add>repugnancy</add><lb/> | |||
<del>of</del> <add>to</add> some one or other <add>or every one</add> of those <del>dictates</del> ends; – in violation<lb/> | |||
of some or other or every one of those dictates.</p> | |||
<p>1. Direct <add>or positive</add> end of justice – <del>po fulfilment of</del> <add>effect given to</add> the arrangements<lb/> | |||
made <del>the</del> by the substantive branch of the law: support <add>and effect</add> given<lb/> | |||
to the <hi rend="underline">rights</hi> created and conferred by it – <del>the</del> enforcement given<lb/> | |||
to the <del>conf</del> <hi rend="underline">obligations</hi> imposed by it in correspondence with<lb/> | |||
those rights: fulfilment given to the <hi rend="underline">predictions</hi> delivered by<lb/> | |||
it, and <hi rend="underline">engagements</hi> <unclear>taken</unclear> by it, in correspondence with those<lb/> | |||
rights and obligations.</p> | |||
<p>Modifications of <add>judicial</add> injustice in judicature corresponding to this<lb/> | |||
direct end of justice – 1. Misdecision; <del>or denial of justice</del><lb/> | |||
to the prejudice of the Plaintiff's side: 2. Denial of justice. The<lb/> | |||
relation in the way of coincidence and distraction by <gap/> these objects<lb/> | |||
will be presently brought to view.</p> | |||
<p>2. Collateral ultimate <add><del>a negative</del> or negative</add> end of justice – avoiding to <del>produce</del> <add>give birth to</add> that<lb/> | |||
sort of <hi rend="underline">vexation</hi> which takes place, where in the endeavour<lb/> | |||
<del>or on the pretence</del> real or pretended, to – give fulfilment to some<lb/> | |||
article of substantive law in favour of the plaintiff by giving effect<lb/> | |||
to some right <del>claimed</del> <add>demanded</add> by him as his due, <del>in</del> <add>but really not his due,</add> the correspondent<lb/> | |||
obligation is imposed upon his adversary, the defendant.</p> | |||
<p>Modification of injustice in judicature corresponding to this collateral<lb/> | |||
ultimate end of justice, misdecision to the prejudice of the<lb/> | |||
<del>plaint</del> Defendant's side.</p> | |||
<p>3. Collateral <add>incidental</add> end or ends of justice – (likewise of the negative cast –)<lb/> | |||
avoiding to give birth to superabundant collateral inconvenience<lb/> | |||
in its <add>several</add> distinguishable but intimately connected shapes – delay,<lb/> | |||
vexation and expence.</p> | |||
<p>Modification or modifications of injustice in judicature, corresponding<lb/> | |||
to this collateral incidental end of justice, production of superabundant delay, vexation<lb/> | |||
or expence.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
7 March 1807
I. First as to the shapes in which injustice, considered
as resulting from the conduct of a Judge, is liable to manifest
itself. On Three may be considered as corresponding
to the several ends of justice, so often spoken of. So many
of those ends, so many primary dictates of justice. On the
part of any Judge or Court of Justice an act of injustice
will be an act operating or tending as to operate in violation repugnancy
of to some one or other or every one of those dictates ends; – in violation
of some or other or every one of those dictates.
1. Direct or positive end of justice – po fulfilment of effect given to the arrangements
made the by the substantive branch of the law: support and effect given
to the rights created and conferred by it – the enforcement given
to the conf obligations imposed by it in correspondence with
those rights: fulfilment given to the predictions delivered by
it, and engagements taken by it, in correspondence with those
rights and obligations.
Modifications of judicial injustice in judicature corresponding to this
direct end of justice – 1. Misdecision; or denial of justice
to the prejudice of the Plaintiff's side: 2. Denial of justice. The
relation in the way of coincidence and distraction by these objects
will be presently brought to view.
2. Collateral ultimate a negative or negative end of justice – avoiding to produce give birth to that
sort of vexation which takes place, where in the endeavour
or on the pretence real or pretended, to – give fulfilment to some
article of substantive law in favour of the plaintiff by giving effect
to some right claimed demanded by him as his due, in but really not his due, the correspondent
obligation is imposed upon his adversary, the defendant.
Modification of injustice in judicature corresponding to this collateral
ultimate end of justice, misdecision to the prejudice of the
plaint Defendant's side.
3. Collateral incidental end or ends of justice – (likewise of the negative cast –)
avoiding to give birth to superabundant collateral inconvenience
in its several distinguishable but intimately connected shapes – delay,
vexation and expence.
Modification or modifications of injustice in judicature, corresponding
to this collateral incidental end of justice, production of superabundant delay, vexation
or expence.
Identifier: | JB/106/123/001"JB/" can not be assigned to a declared number type with value 106. |
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1807-03-07 |
5 |
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106 |
scotch reform |
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123 |
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001 |
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text sheet |
1 |
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recto |
e2 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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34711 |
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