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1820. Sept. Oct 1
No rule seems for the legislator's , no rule to on which
with stronger determination his eyes should on every occasion remain open and
be fixt, no rule to against which the eyes of men in general are more
stand
Meantime A system of judicial procedure is nothing of itself. It
can not by itself. By itself it can neither exist nor so
much as be conceived. It is a system For its very conception
it requires the conception of a correspondent system of substantive law: a system
of substantive law to which it has for its object the giving execution
and effect.
If you must have rocks, keep them, your rock but If nothing will save you but a rock, keep to it this but, Rhetorician!: if you must have a rock, keep to your rock then,
change but reverse the name of it. For delay, read say call it say precipitation, and
of the for your most dangerous rock in the way of justice.⊞
⊞ Thus then you have
a rock, on which, in
Spain, ever since Rome-bred
law with its system
of procedure, has been
ruling. Justice has been
splitting, continues
to pieces and their
Constitution along with
it
still splitting and one
while that baseless
chaos with its rocks
be speedily annihilated
will ere long
split to pieces, and
the Constitution along
with it. It is
above beyond all other countries under the splitting
the rock on which parties have split being always splitting in which it is splitting
still and will if the present existing system of judicature continues to be the existing system
and the Constitution along with it or at least whatsoever there
is good in the Constitution along with it. When justice
When from judicature the justice necessary be the keeping of
society together can not be had from judicature it is looked for from despotism.
Then does despotism itself as being the evil, on the
displeasure, as the evil is looked for of put on the , at least of good: as such it is looked for, called for, exercised,
and, not altogether without cause, even applauded.
If men Those who set up will have
riches can not be the for having harbouring when can not object to harbours. When factitious
factitious delay the artificial rock set up by your the ingenuity confederated ingenuity of
your official and professional interests, stands in the way of justice, despotism
calm unruffled despotism is the harbour, in which, whatever
security is to be had regarded as obtainable, will be sought. Thus to this would be To these same artists, the
change would no evil, were they the only instruments of it: but is their harbour-masters. But when in the
hands of lawyers lawyers despotism is not a fault fails recourse is had
to priests or and soldiers.
Next After this must be copied the paragraph on p. 5. of the
copy, beginning 3. Maxim the third.
Identifier: | JB/036/154/002 "JB/" can not be assigned to a declared number type with value 36.
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1822-07-15 |
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036 |
constitutional code |
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154 |
constitut. code |
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002 |
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jeremy bentham |
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