★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
2 2o
Ch. XII Judiciary Collectively
(2 §. 19 Judiciary function
4.
Art.4. All power is either
1 free, or 2 fiduciary:
1 free, in so far as the power
holder is at liberty by law
to exercise it for his own
benefit: 2 fiduciary, in so
far as he is under obligation
to exercise it for
the benefit of some other another
person.,
Art. 4. Power, [political power] is either free or fiduciary
free, in so far as the possessor the powerholder is at liberty to exercise
it for his own benefit: fiduciary, in so far as in his exercise he is under
obligation to exercise it for the benefit have regard to the interest of some other person or
persons.
5
Art.5 Fiduciary power
is either public or private.
1. public, or so far as
in virtue of office, it belongs
to a member of
the official establishment:
private, in so
far as it belongs to any
other person, or if to a
member of the official
establishment, not in vesture
of any office.
Art. 5. Fiduciary power is either public constitutional or private
public when or say constitutional in so far as exercised instituted for the benefit of the
community people at large; private, in so far as instituted for the
benefit of some person or persons not —————
it belongs to some a member of the official establishment, considered in
as such virtue of his office: private, in so far as it belongs to any
member of the office person or persons whether whatever, members
of the official establishment included not excepted, if it does not belong to
them in virtue of their respective offices.
6
Art. 6 Under a government
which has for its object the
greatest happiness of the greatest
number, all public
power is judicial, none free.
Private power is free
the most part free: of
fiduciary power the establishment
is among the
tardy fruits of civilization.(a)
(a) In England, centuries had succeeded to centuries, and Judges all the while by Judges, and still no such power was known: the case of infant and guardian excepted in which it can not be altogether
unknown, even in the most savage state: no such power had place, because to the power of those creators of the spurious and unenquiring substitute to real law, no such direction was ever given, as that by which that
species of private power would have been established.
To the Rome-bred Law England is indebted for the establishment of it. From the Roman School the Kings of England were in the habit of importing
a sort of Prime Ministers, who under the name of Chancellors gave to the of Monarchical despotism whatever extent of jurisdiction the Aristocracy could be brought to endure. Equity being
the name given to whatever was regarded as an improvement upon justice, what the Chancellor did came to be called Equity while what the Judge did retained the name of Justice. Thus the
Judicatory in which the
Chancellor officiated
came to be called a
Court of Equity.
while the judicatory in which
the so called Judge
officiated continued
to be
called Courts
of law, or by
way of distinction,
of
Common Law.
But this is
not by a great
deal the whole
of that sort
of spurious law
which with
the word Equity
in their mouths
Chancellors
have manufactured
and
continue to
manufacture
Art. 6. In Under a well-constituted government under every
government that has for its object the greatest happiness of the greatest number
Art. A trust is said to be broken — a breach
under every government but a despotism all public power is in the hands of
of trust is to have place, to have been committed
every possessor in the whole of it fiduciary, or in part of it free. Private power in its original state and still in that case is in the
most ordinary case, free: the establishment of fiduciary power is for the most part an improvement
a refinement of comparatively
modern times.(a)
Note (a)
Under the English government
centuries
had rolled on and Judges
succeeded to Judges, and
still, no such power as
fiduciary power was
known to them: no such
power was created, because
though two or three superior
Judicatories had been all
along in activity, not one
of them was prepared to
give effect to it: Thus the
single case of infancy excepted
in which case that
sort of power could not be
wholly without exemption
in the most savage state of
existence. With all its defects having had the Roman Jurisprudence having in the field of time and the field of place, had in the logical field, taken a wider usage: it had established[+]1
[+]1 fiduciary power and
with it means of execution
and effect. From there, under
the dominion of the Popes
the Kings of England, were[+]2
[+]2 in the habit of importing
a species of Prime Minister
under the name of Chancellor.
To those functionaries the Kings
of England stand indebted for the creation and enforcement
of trusts.
Art. 7. Fiduciary power
supposes two parties: the
trustee and the benefitee.
Art. 7. In what it case so ever a fiduciary
power has place two parties two persons at least are examined: namely
1. the person on whom the fiduciary power has by the law been conferred — the possessor
of the fiduciary power say the trustee; 2. the party in whose favour for whose benefit
it has been created and conferred: — say the the
the benefitee. Back to p.1.
Where the a person for whose benefit the
power was has been created and conferred is himself subject to the power
so created for his benefit, he is termed a Committee.
In the English law this is the appellative by which a minor
person is denominated, when put under in consideration of his the fiduciary power
and committed to the case. of any other person: with equal propriety it might be applied employed
to the in the case of an infant, considered as committed to the
care of a Guardian.
|
Identifier: | JB/030/018/001 "JB/" can not be assigned to a declared number type with value 30.
|
|||
|---|---|---|---|
|
1824-08-10 |
4-7 |
||
|
030 |
civil code |
||
|
018 |
code civil |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
d2 / e2 |
||
|
jeremy bentham |
j whatman turkey mill 1823 |
||
|
jonathan blenman |
|||
|
1823 |
|||
|
9525 |
|||