date

27 June 1804 Procedure Evils
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.
Similar Items
  • Title: [27 June 1804 Procedure Evils]
    Description: 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.
  • 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: [10 Aug. 1804 Procedure Ch.]
    Description: 10 Aug. 1804

    Procedure

    Ch. Non-homologation

    ''. incorrigible

    2. Substantive Law. The abrogated practice a practice consisting in the omission to make that provision which men in general naturally expect to see made and suppose to be made for the effectation of the obvious dictates of natural justice.

    Example. The giving to the practice of rendering satisfaction for injury co-extensive with injury itself.

    3. Substantive Law again. The abrogated practice /arrangements/, a practice the effect of which is in cases where satisfaction is possessed to be given, to take it away on the ground of events which do not abrogate the demand for it. Example. Such /Examples/ as [the] death of either of the parties: the injurer, or the party injured.