★ 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
1823. August 23
Constitutional Code
Esteem act upon the judgment
of others: uselessness thus of
the Judge must act upon their own judgment
Scarcely could they lessen every authority than that of the Judge.
Think of contraries the best a better rule.
Now as to the case or cases in which for its beneficial
effects of the institution have has been dependent on its obligativeness direct power
over the decision and direct influence on the decision.
Of its beneficial influence this portion
is almost exclusively confined to the penal branch of Substantive
law: and therein to a limited portion: namely the Constitutional.
In this case almost the whole of the good effects produced
by it have been produced by the debility it has infused into
the system of body of Substantive law. It has therefore had for its
cause, the badness depravity of that same branch of law: and the
magnitude of the benefit has been in proportion to that same
depravity.
No continental despot need wish for a state of things more
favorable to despotism than is the substantive branch of the law
in both its portion of the penal branch of law:including as well
that branch portion of real genuine law which has had for its authors the acknowledged
legislature, as that portion which by the connivance of the
legislature and with fraud and falshood and deceit for
its main instruments has been fabricated by Judges.
Of this proposition one single example will serve for proof.
The law sort of law, by which the decisions relative to the use made of
the press has is governed is such as suffices of itself is ample sufficient for establishing
in any country the most unqualified unintelligent despotism: for giving conformity
to every crime committed by, or for the use of, or with the good
liking of the Monarch. It was imported from Rome bred law, and
fashioned by the Oracle of English Lawyer's Chief Justice Coles.
It in of unapt for the greatest crime
Under J.B's system no tyranny an end of monarchy and
to it. In U.S. all printing errors
under English bred law impossible.
Identifier: | JB/034/119/001 "JB/" can not be assigned to a declared number type with value 34.
|
|||
---|---|---|---|
1823-08-23 |
[[marginal_summary_numbering::[numbers not visible]]] |
||
034 |
constitutional code |
||
119 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
c1 / d1 / e1 |
||
jeremy bentham |
j whatman 1822 |
||
admiral pavel chichagov |
|||
1822 |
|||
10393 |
|||