JB/034/226/001

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1823. Novr. 10
Constitutional Code

What is the use of Appeal? If Judges who act
in the first instance are subject to error are liable to be deficient
in appropriate aptitude, so are those who act in the
second instance: and from the mere circumstance of their
being set to work after the first what ground can you have
for the expectation of a higher degree of aptitude on the
part of the second?

Answer. The use is that one set of Judges
may have another to stand in awe of: a set in whose
instance if the on any occasion it happens to them him
who acts in the first instance to be actuated by sinister interest
in whatever shape – love of ease included, there will be
another who will be prepared another who by the love of power as well as the sense of obligation
will be naturally disposed to correct his errors.

The purpose might therefore be in a main degree
answered if the Judge were functions were reversed,
the Immediate Judges made Appellate only, and the
Appellate Judges made Immediate only.

Hence one reason why in immediate
jurisdiction should not be given to Appellate Judges: for if it
were, there would be none of whom they would stand in
awe.

The Arbitrary power From Immediate Judges arbitrary
power is taken away, by the setting of Appellate Judges
over their heads: and from

From Appellate Judges arbitrary power is taken
away by their not having the initiative: and because if
they make any undue alteration in the decrees pronounced
by the Immediate judge, there stand already the d those same
decrees with their respective reasons constituting a standard by
which the operations of
the Appellate Judges
will be tried by the Public
Opinion Tribunal, as
the operations of the Immediate
Judicatory have been by the Appellate.

Identifier: | JB/034/226/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-11-10	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	226	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10500
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