19 May 1805

Evidence

Introd.

Ch. False Ends. Judge

' 3. Opposition Mode

In this way we have seen the Judge deriving his double advantage from non-demand, [...?], and non-decision, with their attendant evils, the results of the tax he has imposed: how the same advantage has been /is/ extracted by him from another cause of those same evils misdecision, remains to be explained. The case of operations, unnecessary /useless/ in themselves, rendered necessary by institution, by his own opposition[?] it[?] made for the purpose, have already been brought to view. But by what means have they been rendered /[...?]/ necessary? - by appointing, as the punishment of law[?] that one of the parties who shall have failed in the performance of them, the loss of his cause. But every such decision, being thus up on the face of it undue, is a decision in the talk[?] of one or more of six out of the seven ends of justice: if the party [...?] punishment of the demandant, one or more of those direct[?] ends: of the defendant, one or more of those ultimate collateral ends.

Misdecision through what is called corruption might here be /have been/ added: but misdecision from any such source belongs not to the /by any particular/ arrangement the fundamentally vicious arrangement here in question. It affords not any peculiar tacility /[...?]/ to misdecision from that source: under this system misdecision through corruption is not less exposed to punishment, less exposed to detection than under any other /the [...?]/. it acts rather as an obstacle to misdecision: for the more emolument a man has it in his power without exposing himself to punishment, or so much as to reproach /shame/, the less need has he to expose himself to punishment in pursuit of it.