1
results found in
21 ms
Page 1
of 1
/24[?] Dec r 1806/ 1 June 1807
Scotch Reform To L d Grenville
Letter V
II. Proper Remedies
1. By satisfaction beheld as flowing in the shape of gain into the purse of the party injured, and thence in the shape of loss, issuing out of the purse of the author of the injury - by satisfaction, as thus described, of the quantity of matter held out in that shape were to a certain degree ample, making up in quantity for whatsoever it might be seen to want in certainty and propinquity to be deficient on the score of uncertainty and remoteness, it might happen to the knave, if he were of the solvent species to be deterred. No injury, no demand on the score of satisfaction for injury: no demand, no litigation: no litigation, no fees.
Hence one general line of policy on the part of Judge and C o in the spinning out of jurisprudential law, to keep down the quantity of satisfaction as for injury - to take care that in each instance it shall rather be deficient than, in the way above described, and with relation to their ends - the ends of judicature - excessive.
On the side of deficiency, the danger to their purpose is less considerable. Without litigation, the injured party by the supposition will not get any thing, on the score of satisfaction or on any other score. Of him therefore Judge and C o are sure, so long as in his view whatsoever may be the truth of the case - less by expence of suit and vexation be not so heavy as to outweigh profit by satisfaction, vindictive as well as pecuniary included.
Similar Items
-
Title: [1821. April 17. First Lines]Description: 1821. April 17. First Lines Penal Law. Satisfaction has been distinguished into lucrative and vindictive. Lucrative is satisfaction in any shape, considered otherwise than with a view to vengeance. Vengeance is vindictive satisfaction is satisfaction in any shape, considered with a view to vengeance. In no shape or quantity should suffering be created for the single purpose of affording satisfaction of the vindictive kind. Only, when /if/, for the sake of others the community at large, punishment is inflicted, if there be any shape by which, without encrease of suffering to the wrong doer, satisfaction to the individual wronged, may be administered, that shape may be employed. By that shape, the apprehension of the eventual punishment may, moreover, be rendered the more impressive upon the mind of him on whom /on which/ the temptation to do the wrong is operating. To.
-
Title: [27 April 1805 Evidence Ch.]Description: 27 April 1805 Evidence Ch. Ends '.3. Procedure branch Particular ends. 2. Wherever /On whatsoever occasion/ by the arrangements made /prescriptions is/ by the substantive branch of the law an inchoate right is conferred, if in /by/ virtue of those arrangements the Judge is /be/ required, as well as authorized, on demand or application to that effect made by him on whom it is conferred, to convert it into a consummate right, to consummate it a service of collation to that effect becomes due to him from the Judge. Second particular direct end or object and function of procedure - providing for the collation of rights, where due. 3. In case of an offence importing injury to an assignable individual, and that injury susceptible of satisfaction, the remedy afforded by punishment and thence by vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always, incompleat and inadequate. On the other hand whereas The suffering produced by the burthen of rendering satisfaction, producing as far as it goes the effect of punishment, is frequently altogether sufficient for and adequate to that purpose. The remedy afforded to the individual by the punishment of the injurer, and thence /that is/ in the shape of vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always incompleat and inadequate. Third particular direct end or object and function of procedure - providing for the administration of satisfaction, where due.
-
Title: [1 June 1807 Letter V III. Proper]Description: 1 June 1807 Letter V III. Proper Remedies 1. Solvent In practice ordinary profit by delay, as above described, presents no difficulty: extraordinary may sometimes be difficult to search out and discover. But in each instance unless it be pursued and enquired out, the object of the knave, with Judge and C o his accomplices compassed - factitious delay (the system allowing of it) is produced - the engagements taken by the main body of the law in this behalf disfulfilled and violated - the ends of justice disfulfilled - the aim of the legislator - if he be honest and not in confederacy with Judge and C o, frustrated. These same distinctions which thus we have seen applying to money or money's worth considered as coming in in the shape of profit, may be seen applying, and with equal truth and propriety to money or money's worth considered as going out, in that shape of loss. And with a view to prevention of loss, in the shape of damage, with or without injury, on the one side these same distinctions are not more intitled to the legislator's regard than they are with a view to the adjustment of satisfaction for loss, to be made to the sufferer, at the charge of him who, with or without injury, is considered as the author, or on any other score held bound to the reparation of it. {What renders the propriety, of applying these several distinctions in question to this side as well as to the opposite side, the more prominent and unquestionable, is - that where the malâ fides is not, as most usually it is, on the defendant's side, but on the plaintiff's - and the object of his wish his intention not to acquire gain to himself, but merely to impose loss on his adversary, the actuating motive being not rapacity, but enmity, profit and loss will then be in a manner confounded: the loss to the oppressed constituting the profit, and the whole of the profit, to the oppressor, and consequently running on throughout in exact proportion to it.
1
results found.
Page 1
of 1