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1827 Feb. 24 +e
Procedure Code <p.I or II
Ch. Suits their Sorts.
1 § Common Law and Equity
imagining the their
In Equity distinguish between its original procedure
and its of like a plan
giving over and swelling Common Law = viz Injunction
2
No
but
his <Lb/.distinction
3. The person if in
the truth with regard to fact
ought to have place alike
or the of all legal
desired
Then power over to the
of both Law and e3quity
Courts inadequate:
not to the legislator
but to the end.
Art. To everyone who will suffer himself to
and who in thinking will the system of Procedure as
a means to an end, and that end, the giving execution and
effect to that substantive branch of the law rule of to which it is an
appendage it will be sufficiently evident, that the distinction
between Common Law and equity is purely arbitrary and
imaginary and arbitrary. Common Law be in so
far as it is any thing better than a system of depredation
and oppression, has for its the gives execution
and effect to the substantive branch of the law. Equity if it be any in so far as
thing better than a system of depredation and oppression, is so
. In regard to the question Common Law Procedure has for its subordinate object<lb?>the elicitation of the facts which if proved the person as
a his right or to the service demanded by him
at the hands of the Judge, as to him by this
article of law on which the takes for its ground<
in other words has for its object and end, the satisfying
the Judge that the fact the existence or the existence of
which his right or title is grounded.
Equally true is what is this who predicated of Equity
instead of Common Law
3
Origin of the distinction
What distinction then or has nothing that is
natural — nothing that belongs in common to man at large or
so much as to civilized man any where: what it b is the
result of, is altogether peculiar to British suit, and British
practices: originally a conflict, latterly a comparative
continuing powers, the collect spirited in contradistinction
to the other called the latter having for its the
which bears the name of the religion
Identifier: | JB/052/458/001"JB/" can not be assigned to a declared number type with value 52. |
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jeremy bentham |
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