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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 3<lb/>Law Amendment.</head> <p><note><sic>ult<hi rend="superscript">o</hi></sic><lb/>Propositions</note></p> <p><note>20<lb/>Second plea prevention<lb/>of litigation</note></p> <p>II. Plea the second prevention of litigation</p> <p><note>21<lb/><sic>Ans<hi rend="superscript">r</hi></sic> 1 if litigation<lb/>be a bad thing it might<lb/>be prevented much<lb | <head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 3<lb/>Law Amendment.</head> <p><note><sic>ult<hi rend="superscript">o</hi></sic><lb/>Propositions</note></p> <p><note>20<lb/>Second plea prevention<lb/>of litigation</note></p> <p>II. Plea the second prevention of litigation</p> <p><note>21<lb/><sic>Ans<hi rend="superscript">r</hi></sic> 1 if litigation<lb/>be a bad thing it might<lb/>be prevented much<lb/>more effectually without<lb/>such an evil</note></p> <p><del>Answer. 1</del> <add>Answer. 1. Taking for granted that legislation is a bad thing and so bad that the power in question ought to be<lb/>paid for the prevention of it</add> If in this mode if by these means legislation <del>ought</del> <add>should</add><lb/>be prohibited on the part <add>instance</add> of any one class of person, so should it<lb/>in the instance of every other: if in the instance of the least opulent,<lb/>so in the instance of the most opulent: in which <add>and in the</add> case the denial<lb/>of justice would be equal and universal. All judicature being<lb/>then shut up legislation would be <del><gap/></del> prevented in the same way<lb/>as if all bakers and <gap/> shops and all other places where<lb/>food were to be had were shut up gluttony would be prevented.</p> <p><note>22<lb/><sic>.Ans.</sic> 2 Why should<lb/>litigation i.e. <sic>liticontestation</sic><lb/>be in all<lb/>cases prevented?</note></p> <p>When <del><gap/></del> litigation is stated as a thing which ought to be<lb/>prevented, it is stated as being something bad, when <gap/> is a<lb?>thing which ought to be prevented at any price it is stated as being<lb/>something very bade. By litigation what is meant is <sic>liticontestation</sic><lb/>in whatever case and in <gap/> <gap/> it is improper. But litigation<lb/>being employed in any case in which <sic>liticontestation</sic> is considered<lb/>as having place, <del><gap/></del> the consequence is that in the sentiment of <gap/><Lb/>attached to the operation so denominated is included the<lb/>assumption that in any instance <sic>liticontestation</sic> is improper.</p> <p><note>23<lb/>The effect of this mode<lb/>of <gap/> <del>is the<lb/>preventing</del. only acts<lb/>on the poor it does<lb/>not prevent that<lb/>assists the rich in<lb/>oppressing the poor</note></p> <p>But to prevent litigation and for day so to employ the means<lb/>in question, two <del><gap/></del> different operations are required to be performed<lb/>in conjunction: one is to exclude from the faculty of <del>being</del> <add>acting as</add> plaintiffs<lb/>all persons who can not pay what is required to be paid on the<lb/>plaintiff's side: the other is to exclude from the faculty of defending<lb/>themselves all persons who can not pay what is required to be paid<lb/>on the defendant's side</p> <p>By the first operation, to all persons unable to pay the price all<lb/>remedy for wrong in every shape is denied, and a licence granted<lb/>to all persons whatsoever to inflict <del><gap/></del> <add>suffering</add> upon them in every shape<lb/>by the other operation <del>the power of judicial functionaries</del> <add>in</add> whatsoever<lb/>shape suffering is capable of being inflicted on subjects by the hand<lb/>of judicial functionaries under the order of Judges, in those shapes power <add>of</add><lb/><!-- continues in the margin and along the edge of the page -->inflicting it on all those<lb/>who are unable to pay<lb/>for the licence <del>to defend</del><lb/>act as defendants is<lb/><del>given</del> <add>sold</add> to all those who<lb/>being able and willing have<lb/>paid for the faculty of acting as plaintiffs.</p> | ||
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1827. Novr. 3
Law Amendment.
ulto
Propositions
20
Second plea prevention
of litigation
II. Plea the second prevention of litigation
21
Ansr 1 if litigation
be a bad thing it might
be prevented much
more effectually without
such an evil
Answer. 1 Answer. 1. Taking for granted that legislation is a bad thing and so bad that the power in question ought to be
paid for the prevention of it If in this mode if by these means legislation ought should
be prohibited on the part instance of any one class of person, so should it
in the instance of every other: if in the instance of the least opulent,
so in the instance of the most opulent: in which and in the case the denial
of justice would be equal and universal. All judicature being
then shut up legislation would be prevented in the same way
as if all bakers and shops and all other places where
food were to be had were shut up gluttony would be prevented.
22
.Ans. 2 Why should
litigation i.e. liticontestation
be in all
cases prevented?
When litigation is stated as a thing which ought to be
prevented, it is stated as being something bad, when is a<lb?>thing which ought to be prevented at any price it is stated as being
something very bade. By litigation what is meant is liticontestation
in whatever case and in it is improper. But litigation
being employed in any case in which liticontestation is considered
as having place, the consequence is that in the sentiment of
attached to the operation so denominated is included the
assumption that in any instance liticontestation is improper.
23
The effect of this mode
of is the
preventing</del. only acts
on the poor it does
not prevent that
assists the rich in
oppressing the poor
But to prevent litigation and for day so to employ the means
in question, two different operations are required to be performed
in conjunction: one is to exclude from the faculty of being acting as plaintiffs
all persons who can not pay what is required to be paid on the
plaintiff's side: the other is to exclude from the faculty of defending
themselves all persons who can not pay what is required to be paid
on the defendant's side
By the first operation, to all persons unable to pay the price all
remedy for wrong in every shape is denied, and a licence granted
to all persons whatsoever to inflict suffering upon them in every shape
by the other operation the power of judicial functionaries in whatsoever
shape suffering is capable of being inflicted on subjects by the hand
of judicial functionaries under the order of Judges, in those shapes power of
inflicting it on all those
who are unable to pay
for the licence to defend
act as defendants is
given sold to all those who
being able and willing have
paid for the faculty of acting as plaintiffs.
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Identifier: | JB/056/204/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-03 |
20-23 |
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056 |
Law Amendment |
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204 |
Law Amendment |
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001 |
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Text sheet |
1 |
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recto |
D6 / E6 |
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18260 |
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