JB/034/213/002

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1824. June 26
Constitutional CodeCh.XVI. Quasi Jury

☞ Collect and exhibit the points of weakness or sufficiency

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 comes to what cause can is to be attributed the general reputation 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 laudation. By publicity and Jury trial put together it has been
rendered relatively excellent good – in one word excellent. But to
constitute a thing prevent a thing from being excellent, the lowest degree so far as any points aptitude from being necessary no degree of depravity
can be sufficient so long as there is one other still
more depraved.

Of a system of judicial procedure considered by itself as such, no more or less proper the perfection
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 mischievous 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 efficacy
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 Continent being at the acme of
its mischievousness and the adjective system conformable to it, one
in the highest degree efficient in relation to it the mischief produced by it
is without alloy. The English
substantive system being somewhat
less mischievous, and
with respect to above the
article of it the mischievous parts of it included
in a considerable inefficient,
to this inefficiency it is that to
the mischief produced by both together, that portion of alloy which it contains, is indebted for its existence.

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8 June 1824
Procedure Code
Suppose Judicature
instituted for the
Security of Justice,
suppose

Identifier: | JB/034/213/002 "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	002	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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