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JB/041/418/001

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1824. Feby. 7.
Constitutional Code. Ch. Professional Lawyers

Ch. Law assistants
§. Class why not divers

1.
Question 1. Law Assistants
why not suffered
to be divided into Attorney
& Advocate.

2
Reasons –
1. The greater the number,
the less the responsibility
of each.
2. Thus, the more effectually
falshood licenced.
3. The more employed
the more to be paid.
4. Pay encreases in
greater proportion
than number: the
elevated ranks being
paid more than
the others.
5. The higher paid, the
highest class, the stronger
their power of aggregate
resistance
to alleviation of the
burthen with which
the benefit increases.

3. 3. Mendacity – licence
made in which it
is established and
acted upon.

4.
4. Assistants none,
the evil of litigation
is minimized. Under
immediately applicable
punishment for
falshood – party the relator,
danger of falshood
is minimized.


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Ch. Law assistants
§. Class why not divers

5.
5. Substitute now the
paid assistant, numberless
falshoods may
be uttered, without
fear of or danger of punishment.
1. For no falshoods uttered
to his assistants
can party at present
be punished: to the
Judge the assertions
and their falsity, are
unknown.

6.
6. 2. Equally unpunishable
the Assistant
that by the principal
they were uttered to
him is, by supposition
true.
To try his customer
and benefactor for
falshood was not a
duty imposed on him:
if being false, he judged
him true, to error
in judgment
should punishment
be attached.

7.
7. Natural & certain
consequence.
Falshoods uttered by
him without stint.

8.
8. Remedy to this evil
no established system
affords.


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Ch. Law assistants
§. Class why not divers

9.
9. Efficient the remedy
applied by the
here proposed system,
in the case
where an assistant
or substitute.
1. Assistant's Statemt
as from principal
palpably false on
the face of it, though
you can not for
mendacity punish
him for insincerity: –
with no less propriety
than principal
for mendacity.

10.
10 – or in the case
of culpable error in
judgment, for want
of due attention,
for temerity.

11.
Upon occasion,
setting down Assistant's
examination,
convene principal
and examine him
alone: then, with
minute of his examination,
confront him and assistants
and examine them
together.


Identifier: | JB/041/418/001
"JB/" can not be assigned to a declared number type with value 41.

Date_1

1824-02-07

Marginal Summary Numbering

1-11

Box

041

Main Headings

Constitutional Code

Folio number

418

Info in main headings field

Constitutional Code

Image

001

Titles

Class - why not divers / Enactive

Category

Marginal summary sheet

Number of Pages

1

Recto/Verso

"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.

Page Numbering

Penner

Watermarks

J WHATMAN TURKEY MILL 1822

Marginals

Paper Producer

Jonathan Blenman

Corrections

Jeremy Bentham

Paper Produced in Year

1822

Notes public

ID Number

001

Box Contents

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