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1829 Aug. 3
Reformists Reviewed
Beginning
*(6 J.B.
A true expert
Now for an idea [ faint and inadequate at best
it can not but be for will not admitt of any thing
better) of what be clear in relation to the disorder
itself, the cause of it and the remedy
14
Nature of the disorder
Justice sold or denied
in contradiction to
Magna Charta
1. As to the disorder, we have but to open Magna
Charta; the Magna Charta of Henry the third 9 4.3. Ch. 29
Multi rendemus (says the original Latin) multi regabimus ant
differences rectum vil justitiam" we will not sell to no man,
we will not deny or defer to any man (says the clumsy
old translation) justice or Right. So much for There we see promises,
look around every where, there we see performance. Justice
deferred to every man, sold, and not an extortious
precise to the few, to the very few to whom it is possible
to pay the price, deserved to all besides them else
Justice.
15
Cause of the disorder
the feegathering
system
In By the bold outline thus given by him we see
at once are enabled to see at one rapid glance the nature of the disorder and the extent of it.
Behold now the cause — the root of the evil it. In the
mode of remuneration. Looking to the superior Judges — looking
to the mode and form in which their remuneration was and the mode of their remuneration
allotted to them, he then discovered it. Not by salary
were they paid but by fees. Div By this arrangement
diametrical and irreconcilable was the opposition created
between their interest and their duty. For no operation for
no written instrument — in a word for no judicial proceeding
< could any fee be ever taken but justice was at the same
time sold and denied; sold to him every man who could and would
find the money amount of the fee for it denied to him every man who could not.
So much for sale and denial. Now for the key: * Fees being
excisable and exacted for each operation, a fee for each written
instrument, and in many instance the magnitude of the fee increasing
with the length of the instrument, hence in proportion as operation and
instruments
instruments could be
multiplied and instruments
exercised
could be the aggregate
amount of fees.
Identifier: | JB/011/055/001"JB/" can not be assigned to a declared number type with value 11. |
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1829-08-03 |
14-15 |
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011 |
law amendment |
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055 |
reformists reviewed |
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001 |
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text sheet |
1 |
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recto |
e6* |
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jeremy bentham |
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3752 |
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