JB/056/204/001

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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 litigation 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 litigation 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 judicatories being
then shut up litigation would be as prevented in the same way
as if all bakers and butchers 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. litiscontestation
be in all
cases prevented?

When state litigation is stated as a thing which ought to be
prevented, it is stated as being something bad, when stated as a
thing which ought to be prevented at any price it is stated as being
something very bad. By litigation what is meant is litiscontestation
in whatever case and in which ends so ever it is improper. But litigation
being employed in any case in which litiscontestation is considered
as having place, the consequence is that in the sentiment of disapprobation
attached to the operation so denominated is included the
assumption that in any instance liticontestation is improper.

23
The effect of this mode
of preventing is the
preventing only acts
on the poor it does
not prevent what
assists the rich in
oppressing the poor

But, to prevent litigation and for doing so to employ the means
in question, two things 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.

Identifier: | JB/056/204/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-11-03	Marginal Summary Numbering	20-23
Box	056	Main Headings	Law Amendment
Folio number	204	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D6 / E6
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18260
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