date

27 June 1804 Procedure Evils
27 June 1804

Procedure

Evils causes

Ch.1 Generalia

'3. Remediable and irremediable

Inserendum here? in procedure? in evidence?

The natural causes of failure of justice /of the evils prejudicial to justice/, and of wrong-decision which if to the prejudice of the defendant may be called injustice, though in many cases unblamable /blameless/ injustice - and the collateral inconveniences incident to judicial procedure - may again be distinguished into irremediable in toto, remediable in toto, and remediable in part. The catalogue of those which are irremediable in toto will not be so extensive or multifarious as might have been imagined: since of this or that event that which can not by any human can or shall or can, or at least by any can and shall on the part of the legislator be prevented, it is seldom that the consequences prejudicial to justice may not in some way or other be alleviated.

Thus on the part of a person who has received a recent injury, death and in certain cases insanity can not by any skill on the part of the legislator, whatsoever may be to be done by the physician, be prevented. But the derivative mischief - the mischief to the family relatives of the deceased may be done away in part or even altogether, and by that means the sum total of mischief in a very considerable degree reduced - by so obvious an expedient /arrangement/ as that of continuing for the benefit of the surviving relations whatever claim /title/ to satisfaction has been /may have been/ erected by the law on that ground.
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  • Title: [27 June 1804 Procedure Evils]
    Description: 27 June 1804

    Procedure

    Evils causes

    Ch.1 Generalia

    '3. Remediable and irremediable

    The factitious causes of the evils prejudicial to justice are, all of them of a psychological nature, and agree in this, that immediately or ultimately they are all of them imputable to the legislator - all of them referable to some deficiency in /on/ his part in the requisite qualifications /endowments/ of power, probity, or intelligence, or probity.
  • Title: [27 June 1804 Procedure Evils]
    Description: 27 June 1804

    Procedure

    Evils causes

    Ch.1 Generalia

    '3. Remediable and irremediable

    The obstacles opposed to justice by the purely physical causes of place and time can no more be annihilated than those opposed by the physical causes of death and mental derangement. But though in these cases any more than in the foregoing the inconveniences incident to judicial procedure can not be prevented and removed in toto, yet in these cases too in some instances the amount of the inconveniences may in a more or less considerable degree be reduced. In respect of the intercourse between man and man distance in point of /respect of/ time has for its most obvious and intractable cause, ---- in respect of place. But though distance between any two points in the earth's surface can not be lessened by any human ingenuity /industry/, yet in different situations /under different circumstances/, by the exertions of natural industry, more or less effectually seconded or not seconded obstructed or assisted by the exertions of the Legislator, the means of communication have been facilitated, communication rendered more speedy, and the ------ /force/ of obstacles opposed to justice by place and time together have /has/ in this way be reduced.

    If under the auspices of English law, the better --- most happy institution which is of so much use to trade is as yet /has ----/ of so little use to justice, it is because, in England as else where, a m--- /man/ carries on trade for his own benefit, and administers justice, or what he calls justice for other people; it is because the profits of those traders who carry on the business of trade are encreased by everything that lessens the expence, and of those lawyers who carry on the business of justice, by many things that encrease the expence.
  • Title: [27 June 1804 Procedure Evils]
    Description: 27 June 1804

    Procedure

    Evils causes

    Ch.1 Generalia

    '3. Remediable and irremediable

    If in English law in all cases of personal /corporal/ injury the right to satisfaction has been denied to the co-injured /---ly injured/ /-----atively - injured/ and surviving relations, and in the most obvious cases even to the individual whose body has borne the burthen of the injury, it is because in this as well as /on this as well as other/ so many other instances /grounds/, English lawyers /the founders of the English law/, with /to/ the perfect contentment and ratification of their successors, have, by the dint of the viginti annorum lucubrationes, seconded by a most happy and imperturbable insensibility to the failings of humanity, contrived to sink themselves below the level of the Hotentots and New Zealanders /most barbarous of their progenitors/.

    So again in the case of the author of any such injury, from which by a supposition but too frequently verified let us suppose a profit of the pecuniary kind to accrue to his benefit death, which /when/, in the former case deprived /are seen depriving/ the sufferer of receiving satisfaction, may at any time withdraw the wrongdoer out of the rack of punishment. But if instead of having the relatives of the criminal to fasten[?] upon the profit /fruit/ of the crime, the amount of it, with or without addition, according to the nature of the case be impounded by the law /taken into the hands of justice/, for the benefit of the sufferer or his representatives - the sum /aggregate/ of the mischief flowing naturally from the cause /offence/ will in this case also be reduced proportionately.