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29 May 1808
On this occasion, as on others, justice expects conformity
to a certain standard of rectitude. If, in the farthest
case any such standard even in existence, then would come the
question by which species of judicature, a judge or
bench of judges without a Jury, or by a Jury, capable
of receiving, but under no obligation of conforming to the
sanction of a Judge this se standard would in general stand the
best chance of being faithfully conformed to.
But in this of part a as on every other of
the field of unwritten law not to speak of written, no
such standard has ever been set up. Judges who
have the best opportunities for possessing the requisite mass
of knowledge have neither the power, nor in so far as
will is the result of interest the will necessary for such
a task: while those who have the power have that and nothing
else.
In the present instance the standard of rectitude would
be composed of a set of rules designating the several circumstances
that which in the fixation of the even (the satisfaction
here in question being supposed to be administered, as in English practice in the
persevering shape and no other) shall be required to be taken
into the account; the end or object for example) is so
aimed at: whether compensation for the wrong sustained on
one part side shall be the sole object: or whether prevention of
similar worry on the part of others, viz. by the fear of the
suffering attached to the burthen of obligation of parting with the matter of confirmation shall be
composed in it.
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Identifier: | JB/035/155/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05-25 |
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035 |
constitutional code; evidence; procedure code |
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155 |
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001 |
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text sheet |
1 |
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recto |
e5 |
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jeremy bentham |
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10748 |
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