JB/013/223/001

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1820 Sept. 13

+ 10
Letter 1.

Now for an example. In Spain like as in other countries, they that
have taken their system of law from the Roman, Judges have
place in swarms not less numerous nor less mischievous,
than those of unlicenced depredators.[+]
[+]1 The Constitution has
with admirable
discernment and
public spirit, has
added the
Judicatory
of natural procedure
the judicatories without
lawyers, or of lawyers
without fees — the Reconciliation
Judicatories.
But these of Technical procedure
remain as yet tracted.
Hence
in the official part of the fraternity, not to speak of the
professional, judicatories, in stages of one above another
with appeal from the inferior to the level above: and in each
stage, judges in as great a number as it is supposed means,
can be found to pay for: for, under
the Roman law it is a principle that the probability of
good judicature is directly in the direct ratio of the number of the judges in
each judicature: yes, and likewise so say I, with no other alteration than the
substituting to the word direct the word inverse this reason
is that applies not only to this class of functionaries, not only of this class
but (with very few exceptions, grounded in any particular reason)
to every other: it is that supposing the
in proportion of the ratio of the number added to one number,
responsibility under the salutarity-restraining principle of
anticipation of it, are diminished.[+]2
[+]2 But of this responsibility,
and in the system
of compleatly secret judication the
salutarity-restraining
force is next to nothing
under this system of compleatly public
judication, as on any
plan, it is at its maximum.
Though, in
some cases Appeal
may upon the whole be advisable, upon
the whole yet, rather
than have appeal without
publicity in all
cases, I would have
publicity without
appeal in all cases.
By From the uniform tenor
of experience in this
country, what is above
has received the fullest
confirmation. All this
is fully discussed In the
books that accompany
this tedious
letter, all this you
would find fully discussed.

Now as to one evil which
I see continually, and I doubt not justly cried out against among you: in this state of judication behold the all-sufficient cause of it.

Known and provable traitors to the country remain still unpunished.

In Spain Spain under the subsisting regime judicature

can not naturally be expected to be much more prompt than

under the ancien regime France was. In French France, according to a computation
I once made, 6 years was the average duration of
a criminal cause, according to the report given of criminal
causes, in the Causes litibres: not the maximum, but the
average. Yes, Unless you have discernment and energy enough to
rid yourselves of it substituting
to it a natural system, having for its object the ends of justice
pure despotism must as the lesser evil must and will be substituted to the system
which you have.

Identifier: | JB/013/223/001 "JB/" can not be assigned to a declared number type with value 13.
Date_1	1820-09-13	Marginal Summary Numbering
Box	013	Main Headings
Folio number	223	Info in main headings field
Image	001	Titles
Category	jeremy bentham	Number of Pages	1
Recto/Verso	recto	Page Numbering	d10
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	draft of letter 2689, vol. 10	ID Number	4672
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