JB/041/429/001

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1824. July Aug. 1
Constitutional Code. Ch. XXI Law Practitioners
§. 4 Capacity as to Offices.
Instructions

Question.

Law Practitioners why excluded from the capacity of being
Judges?

Answer – Reasons

1. Because of the moral inaptitude necessarily inseparably attached to
the exercise of this profession

The Law practitioner is the an accomplice of every
wrongdoer by whom he is hired: on the Pursuer's side, if the
would be oppressor by whom the hand of the judge is endeavoured to be converted
every would-be oppressor by whom the power of the law and of the Judge is endeavoured
into the instrument of oppression – irresistible depredation or oppression in some other
shape be made the instrument of his oppression: of every malefactor
offender from him whose offence is of the slightest faintest to him whose
offence is of the deepest die: to every such malefactor
he is an accessory after the fact, to the offender, of whatsoever
that the offence be, from the lightest to the deepest.

In both cases in the prosecution of his purpose, he is
inextricably engaged in the practice of every unpunishable act and in particular if not in the practice of every
unpunishable act at any rate in the utterance of every
unpunishable discourse, by which the purpose of his employer
can be served: if he a man failed in this respect no
person litigant who was conscious of any impropriety in his conduct
would employ him – he would apply to some one
else. Every Law practitioner is therefore a professor of Insincerity,
and of of malpractice in every other unpunishable
shape: and in particular in the suppression of
adverse evidence: But of the suppression of evidence on one
side the effect is exactly the same as that of forgery of
evidence on the other. That sort of habit which would destroy the reputation
of a man in any other situation line of life, and in particular in
that of a Judge, is necessary to the reputation of a Law
Practitioner.

Identifier: | JB/041/429/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1824-07	Marginal Summary Numbering	1-4
Box	041	Main Headings	Constitutional Code
Folio number	429	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	E1
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public	[[notes_public::To be copied [note not in Bentham's hand]]]	ID Number	001
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