JB/034/213/001

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1824. June 26
Constitutional Code Ch. XVI. Quasi Jury

☞ Collect and exhibit the points of weakness or

The difference between the here proposed system and the established
English System being thus wide, a natural question is
if the former is good, whence came the general reputation to what cause was it is to be attributed for
goodness on the part of the latter?

The answer is – to three main causes. 1. the publicity attached to it. 2. the Jury trial. 3. interested professional liquidation. By publicity and Jury trial put together it has been
rendered relatively good – in one word excellent. But to
constitute a thing prevent a thing from being excellent, the lowest degree so far as any no degree of depravity
can be sufficient so long as there is one other
more depraved.

Of a system of judicial procedure considered by itself as such, the is
consists in the degree in which it gives execution and effect
to the system of substantive law of which it is the instrument
or appendage. But if and so far as the system of substantive
law is bad and the better the procedure is
in one sense the worse it will be in the other: the worse
it is in the one sense the better it will be in the other. In
proportion as the substantive system is mischievous, the aptitude efficiency
of the adjective system in relation to it will render that
same adjective system mischievous: the inaptitude of it inefficiency will render it beneficial.
In proportion as the substantive system is good,
the aptitude efficiency of the adjective system will render that same
adjective system beneficial, its inaptitude inefficiency will render it mischievous.

Of the English system taken its , – of the English
system as compared contrasted with the continental the characteristic
and distinguishing feature is its inefficiency: and to in this inefficiency
may be found the main cause of its beneficialness. The
continental substantive system of the being at the acme of
its mischievousness and the adjective system conformable to it, are
in the highest degree efficient in relation to it the mischief produced by it
is without allay. The English
substantive system being somewhat
less mischievous, and
with respect to the
article of it the mischievous parts of it included
in a considerable degree inefficient,
to the inefficiency it is that to
the mischief produced by both together, that portion of allay which it contains, is entitled for its existence.

8 June 1824
Procedure Code
Suppose Judication
instituted for the
security of Justice,
suppose
instituted for the
prohibition of trade

Hardened
Judges more so
than those judged.

Thus
of baptism
instinct of repressing
them: secret insincerity
being unpunishable.

Identifier: | JB/034/213/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1824-06-08	Marginal Summary Numbering
Box	034	Main Headings	constitutional code; procedure code
Folio number	213	Info in main headings field	constitutional code or procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10487
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