JB/031/176/001

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1828 Aug. 13
Blackstone

Note on the Judicial Establishment

(a) [Judge] This is the name which will be henceforward given
to the head functionary under whose order the business will be designated is carried
on: Judicatory, to the aggregate if composed of him and all the
several other functionaries occupied in the same business under
him: so likewise perhaps to the place in which he sits to do
the business: forasmuch Justice Chamber to the place in which
he sits to do the business. Under Law as it is, Court, the Court
the Courts – are the words commonly employed applied to
all these purposes without distinction: clearness not confusion
being our object, such as to be above mentioned is our practice.
In the power early and mid ages of the Monarchy, the impropriety
here noticed had not place in so high a degree as
at present: for in the days thus alluded to, the wherever the
King went the great Judges went with him, and being placeable and
displaceable by him at pleasure were the sort of persons
at present understood designated by the denomination of
Courtiers.

In all countries to a greater or less extent, ruling
functionaries of the highest orders, having seen discerned the advantage
have fallen into the practice of thus impersonalizing and
disguising themselves: responsibility they have seen
thus lessened, and by a cloud of nugatory and
obscurity ever in which the idea of their presence
has been is thus enveloped, the imagination of the subject
many wrought upon, and their respect and awe encreased.

Thus in Turkey, instead of saying the Ex Sovereign Padisah
men have been brought to speak of the Porte: in France England
and elsewhere in Europe, instead of the King, the Court,
instead of the preachers of Religion, the Church, instead of the Judge or Judges, the Court again:
and thus the possessors of the subordinate authorities give themselves the advantage
of being, in the imagination of those whom they have
to deal with, with that of the possessor of the supreme
and the avowed region seat of favour with the professed region seat of justice.

Identifier: | JB/031/176/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-13	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	176	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9862
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