JB/034/049/001

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1823 Sept. 5 Constitutional Code 61. II. Discarded features.

1. Of the functionaries
who are to bridle the judge,
locaton a sharer in his
sinister interest: both
dependent on the Monarch,
on whom for
good things all are dependent

62

Choice the locator's, this
source of unjust partiality
must in some
degree have operation.
Arbiter here not only
apt, but sole apt chance

63.

True for intellectual
aptitude, chance would
not be the best judge.
But as to this function,
one object, is that the
exercise of it be maximized:
no room, there
fore, for choice.

64.

Appropriate intellectual
aptitude, the object
is— not to find ready
made, but to make.
As by the Jury, so by the Quasi Jury, the
good then is done— not
by the assurance of the
existence of this aptitude,
but by the impossibility
of the contrary assurance.

65.

Where the Jury system
originated, not naturally
expectable was the exclusion
of this source
of injustice: only through
oversight on indolence
of those, whose duty it has been to secure injustice

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65. contind.

injustice in favor of
rulers, can justice have
even prevailed against
Monarch's will, at the
expense of all opposing
wills and interests.

66.

As in a Monarchy it
could scarce fail to
be, by a locatee of the
Monarch, immediate
by on unimmediately,
are these supposed bridlers
of the Judge, almost
everywhere located.

67.

Note, the inconsistency
of this arrangement,
with the principle applied
in the case of
challenging. In a suit
between individual
and individual, the
whole body may be set
aside by the presumption
of partiality in the location,
as inferred from some
relation of self regarding
on sympathetic interest
Seldom can the operation
of any such cause
of partiality be so surely
produced by any such
private relationship,
as here by the public
relationship.

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68.

2 From each locatee
exaction action of promise
not to consent to any
verdict repugnant
to his own opinion.
3. In every case of
difference of opinion,
violation of this promise
necessitated 4. To secure observance
for additional binding
force, that of the religious
sanction endeavoured
to be applies
by converting the promise
into an oath.
5. To secure violations
torture terminating
in death, provided:
viz by a virtual law
constantly enforced: violation thereby as
constantly effected.

69.

So plainly irresistible
the instrument, never
is efficacy wanting
to it: seldom is
she torture long continued;
but frequently
is it applied and
endured.

70.

[Added.] Tormentees
any number from 1.
to 11: So, tormentors:
every tormentor, also
a self tormentor.
Thus may the will
of one prevail over
the will of 11.

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Identifier: | JB/034/049/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-05	Marginal Summary Numbering	61-70
Box	034	Main Headings	constitutional code
Folio number	049	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10323
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