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1823. Octr. 22.
Constitutional Code.
Enactive Part
Taking for the efficient cause of title,
as above, the faculty of enduring the burthens
without preponderant hardship, I force upon
the functionary, whoever he is, the exercise of
a judicial function. So many individuals as
there can be any reason or so much as a pretence
for charging with it, so many suits has
he to take cognizance of, and make decrees upon,
in the sha if not in the name, yet with
not only all the power, but much more than
the power, of a Judge. Of a Judge? And in
what state of things? In a state of things in
which all evidence of a sufficiently conclusive
character will in general be altogether
wanting. Debarred thus by necessity from deciding
according to justice, he will be enabled,
and in the eyes of all who see for themselves
an advantage in his possessing the licence,
justified, in deciding according to favor and
disfavor: in oppressing those whom it is
agreeable to him to oppress; in favouring
gratuitously or for a price, those on whom
it is agreeable to him to confer this benefit.
When
Identifier: | JB/041/145/001 "JB/" can not be assigned to a declared number type with value 41.
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1823-10-22 |
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Constitutional Code |
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Constitutional Code I Enactive Part |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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C4 / D11 |
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