JB/034/157/001

Click Here To Edit

1823 Sept. 6
Constitutional

Of its general inaptitude, the notion whatever favourable conception
has place is founded it will be seen an illusion. Of this illusion an effect
is – the causing it the institution to be regarded as adequate to its more principally
intended purpose – namely serving as a bridle to the
power of the Judge. That in this character it has some effect
is altogether above dispute: but that the witness what difference
there is between the English mitigated and the Continental unmitigated
despotism. But that this effect is widely short of adequate
but too : witness the difference between
the sacrifice made of the interest of the many in England, and
the predominance of the interest of the many in the Anglo-American
United States. Instead of a bridle, thus authority serves as
a cloak and a support to sinister interest on the part of the Judge.
Under cover of that cloak he is enabled by these laws to
works give effect to injustice in wher many a cause in
which he would not have ventured to so to do with his own
hands. As to the sinister interest by which we in that situation
have always been governed it has been here brought to view already
that it been sufferable as: it has been
seen that in the most important classes of causes so sure as
his advice is pursued so here is the greatest happiness of the
greatest number lessened. But so decided by the and pens of all lawyers immoral and so
has hitherto been as it can to be the
on the opposite side given of appropriate aptitude in all its as
essentially attached to that intention, in the case of such Jurymen that no experience or
observation which it has been in their way to make of the
instances of the opposite inaptitude – has yet sufficed to clear
the minds of thus form to deep rooted a prejudice.

Identifier: | JB/034/157/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-06	Marginal Summary Numbering	93-94
Box	034	Main Headings	constitutional code
Folio number	157	Info in main headings field	constitut.
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4 / d30 / f30
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10431
Box Contents