1
results found in
16 ms
Page 1
of 1
23 Mar. 1805
Evidence
Securities
Ch. Procedure Technical
Let even Be the degree of ability /power of persistence/ on the part of the defendant be ever so sufficient, if through timidity or indolence the resolution /determination/ be wanting, and that determination be known, the victory /the jus nocende[?]/ to the oppressor in the character of plaintiff is equally /still alike/ secure.
In the character /station/ of defendant, exactly the same oppression, exactly the same effect, may with equal certainty be produced by almost exactly the same means. Secure against assistance on the part of the destined victim, a man /the oppressor/ in this case has but to inflict in the his own hand the [...?] injury, instead of employing in the character of plaintiff, as he would have to do, the hand of law.
To this plan of intentional injury grounded in the assurance /thus derived[?] eventual/ of essential /impregnable/ defence, the actual assumption of the character of defendant is not by any means necessary. The assumption of this character depends so [...?] evident /in the first instance/ not upon a man's own act but upon the act of another man in the character of plaintiff. Where Titius[?] has commenced the suit, then and not less it sits with /the option devolves on/ Sempronius whether or not to defend it. The success of the plan is alike decided, whether the victim, impressed[?] from the first with the fruitlessness or ineligibility of resistance[?], abstains from ever be assuming the character of plaintiff, or whether, actuated by the same /like/ considerations, he abandons it sooner or later after having taken it up.
Similar Items
-
Title: [23 Mar. 1805 Evidence Securities]Description: 23 Mar. 1805 Evidence Securities Ch. Procedure Technical Though in the character of defendant, or rather /to speak/ strictly of a person prepared to become defendant, injury where the state of the law /legal arrangements/ is as /still more/ easily and securely operated thence /and that for the purpose /in the view/ of oppression/ in the character of plaintiff, it is not in any such /that precise/ view it is not by men occupying any such commanding station of an oppressor, that under a system of procedure favourable to injustice, mischief unjust defense is produced in greatest and most deplorable abundance. Of the mischief /injuries/ then[?] in this character, not overbearing opulence but its opposite poverty is by much the most frequent cause. To stem /put/ off as far as possible the evil day, to prepare for chance /flight/ of place, and in the mean time to remove out of the reach of justice that portion of the matter of wealth that ought to be /should be/ employed in satisfying the demands of justice, these /such/ are the natural objects /aims/ of the improbity, the too natural accompaniment but too naturally associated with falling fortune /fortunes/. In this state of things, whatever means of procrastination are afforded by the weakness of the law /defects of the legal system/, natural or fictitious, are purchased of course at the price set upon them by the vendors: and stock /means of payment/ /assets/ which should have gone into the pocket of the plaintiff /to the plaintiff/ to satisfy his demands, is shared by /between/ the dishonest defendant and the men of law: between the weak author of the inequity /unjust/ the various classes of its protectors. Such is the tyranny that takes place of course wheresoever this characteristic feature /essential arrangement/ of the natural mode of procedure is departed from and dispensed with: the tyranny of the rich over the poor /indigent/. Such is the short description of it, but by this short /so short a/ description it is not as yet placed in the darkest[?] which is at the same time the justest point of view. A tyranny of class over class would be bad enough: but the tyranny thus established is the tyranny of individual over individual in each class. Comparing class with class, it is of advantage that superiority of power is professed by one class over another should be professed by the [...?] - Why? not because in opulence /superior/ taken by itself there is any [...?], in inferior any domestic but because between superiority of wealth on one hand and superiority in probity as well as understanding on the other there is a natural connection. Superiority in both respects is the work of education and comparing class with class the means of education are abundant in proportion to the degree of opulence. But in the tyranny here in question the oppressed being unlikely to be of the same /equal/ rank (not to speak of superior) with the oppressor, the subjection thus established is unmixed /purely/ evil, uncompensated /unaccompanied/ by the least particle of advantage.
-
Title: [14 June 1805 Evidence Introd]Description: 14 June 1805 Evidence Introd Ch. Procedure Technical Upon the other plan the wrongdoer does no part of the mischief above or by his own hands, he does the whole of it by the hand of the man of law. The individual /The destined victim/ marked out for ruin is bruised and oppressed /The oppression heaped upon the destined victim is produced/, party by the burthen imposed /thrown/ upon him by the ultimate decision pronounced to his prejudice, in observance of the [...?] observed put /proferred/ in by his oppressor in the character of plaintiff. the decision purchased of the Judge and his associates by the demandants heavier purse - party by the intervening[?] and continually encreasing burthen gradually heaped upon him by the mass of expence, vexation and delay heaped up /that has been accumulating/ during the continuance of the cause. Of these two distinguishable efficient cause of oppression, the latter is the one that naturally speaking will of the two be the more frequently brought into use. For unless the suit be of the individual class[?], and punishment the mischief aimed /intended/ to be produced by it, it will fall in no other shape than that of pecuniary loss. but in this case, the loss consisting in general in the obligation of giving up something /some article or mass of property/ that a the defendant has already in his possession, the value of it will to the extent of that value supply him with the means and possibility /faculty/ of defending himself: while on the other hand, it may also happen /a case not to be overlooked, is that [...?]/, that before the hour of ultimate decision is arrived /come/, the means of defence, though at the outset not inconsiderable, may have been exhausted. Upon the whole, there are two distinguishable burthens, which upon them second place, on the oppressor, that is every man who is rich enough may be sure of heaping upon the head of his intended victim by the hands and the means so carefully provided for him by the man of law: + the oppressor, that is every man who has money and wickedness enough to [...?] /pay/ up to the price set /put/ by the man of law /in this[?] aggressive warfare/ upon his assistance: the oppressed /the destined victim/, that is every man who is unable to pay the price put by this same official hand upon the penalty of self-defence. + the burthen of expence vexation heaped up during the continuance of the cause, and the burthen produced by the misdecisions pronounced to the prejudice of the defendant's side, at the conclusion of it.
-
Title: [23 Mar. 1805 Evidence Securities]Description: 23 Mar. 1805 Evidence Securities Ch Procedure Technical ''. Disadvantage[?] [...?] [...?] Under the first and second of the three modification From the appearance of the parties in the presence of the Judge in the first instance the following good effects result of course /one good effect takes place/ No litigation perfectly /altogether/ groundless can be carried on /any further/ on either side /on either side - advanced/: no claim preferred: none resisted, for the mere purpose of opposition. Of the importance of this arrangement no totally adequate idea can so effectually be obtained by any other means as by considering /observing/ the state of things that results necessarily and universally from the want of it. In the character of plaintiff, a man not being subjected to any questions either on the part of the defendant or on the part of the Judge respecting the grounds of his claim, and the circumstances that present it to his conception in the character of a just one, has nothing but the expence and vexation attached to the litigation in the character /[...?]/ of plaintiff to restrain him from subjecting to the correspondent mass of expence and vexation any person whose price he is desirous /content/ of formenting or opposing at that price In the state of things, every mad /wicked/ man who is at the same time rich enough to support the expence feels /sees/ himself in possession of a power, the force of which increases /goes on increasing/ with every atom[?] of expense vexation and delay /which in the part[?] of cause[?] in question [...?]/ that happens to be attached to the situation of Defendant. Is it a sum of money, or a specific article of property that he coverts? It is not necessary that it should ever so much as have entered into his own conception that he has the smallest so much as the shadow of a right to it: the amount of the costs of suit being known on one hand, the amount of the Defendants relative pecuniary ability - of the quantity of the matter of wealth that he is able to employ in this way in his own defence being known, on the other hand. If the latter quantity be less than the former, the victory is secure.
1
results found.
Page 1
of 1