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ulto
Propositions
(2) (1) Ch. II Codification: or
Ch. III Remedies
Duelling
§ 1. Introduction
2
Bavarian
Court of Honour:
Good perhaps this
led to laws and use
In and for the Kingdom of Bavaria, the institute
of a Judi special Judicatory under the name of a Court of Honour specially appointed for this purpose
is a law lately been on the carpet. In the country for which
it is designed, in the state in which the law actually is in that
same country, it were too much to say for a foreigner to say
that the weight on the scale of usefulness do does not preponderate.
But in that country — as in any other country as yet in the
civilized world different sorts of Judicatories for different sorts
of suits are on foot, with correspondent compleated systems of
Procedure. A good full half century ago the like institution
has presented itself to the author of these pages, found favour
in his sight, and been advocated more or less in this or that
unpublished leaf manuscript. But the j in those days the
principle of omnicompetence in judicature as now preculated
to view in the here proposed System has had as yet not found its way
into his mind conception.
3
Under the French
Judicial system the
here proposed arrangement
might with considerable
effect be employed
without need of a judicatory
on purpose
Into the French Code far as is its simple machinery
from the simplicity belonging to that of the here proposed Code
the nothing hinders but the present remedial system against duelling, might though not
with complaint, be introduced with considerable advantage.
In the French system of Procedure, the parties doors
of justice are not shut against the parties: and in the
Judicatory of the first instance, the Bench is single seated.
4
Under the original verbal
Code so odious had all
these chuckling functionaries rendered
themselves that to stop wanderers
from those under the odium, it
was thought good policy
to charge the
a in which and by which they had become to the people whom they are in the habit of
By Under In the French system Code ☞ Query whether to extend what follows? — the Procurers of the requi have been
metamorphized into Avoués, as under the English Attorneys have
metamorphized themselves into Solicitors, and under the antient
Court last established the pupil depredators who took every thing
and paid for nothing were transfigured into in modern
English laborers: and Advocates the only lawyers heard though not seen visible any where in the
Code were are the only lawyers heard any where. But the parties
however excluded by implication are not excluded in express terms
and in fact they in the first instance they do very frequently make their appearance
to the no small benefit
of themselves and Justice.
Identifier: | JB/016/165/001 "JB/" can not be assigned to a declared number type with value 16.
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1828-01-06 |
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jeremy bentham |
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