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Relates to Judges only not to
1826. Decr. 12.
Constitutional Code.
Ch.
S.
1.
Art 1. Exceptions excepted,
in no Judicatories
Members more then
me.
2.
Art 2. Exceptions are
1. Of necessity for extraordinary
occasions,
the Supreme Judicatory,
the Legislature.
2. For ordinary occasions
the Quasi Jury, as to
all the elementary Judicial
functions but
the imperative.
see below.
3. For military suits
see Ch.X. Defensive
Forces.
3.
Art 3. By every addition
to number one,
is produced an additional
probability of
contravention to the
ends of justice, direct
and collateral, to
evil, by diminution
of appropriate aptitude
in all its elements
on the part
of the Judiciary.
4. Moral Aptitud
Art 4. Moral aptitude -
cause of diminution,
do. of responsibility.
superior (whether by
appointment or seniority)
will take the lead.
By another diminished.
as for good conduct
his good, for
had, his bad, repute.
—
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Ch.
S.
5. Employed
Art 5. To diminution
of the security against
bad conduct, and
thence to the increase
of bad conduct, this diminution
of responsibility,
applies with more
effect than to the augmentation
of good. In
the operation of a Judge,
there is more room for
depravity, than heroism
6.
Art.6 From a second
Judge sole expected good
is check to misconduct
in the first.
But 1. Other securities
the nature of the case
and the arrangements
in this supply
in sufficient abundance.
See. Securities In
7. Employed.
Art 7. eak and inefficient
is this check.
Moral
1. By opposition to superiors
will, inferior might
lose the whole comfort
of his life.
2. By meek acquiescence,
he incurrs no loss or
risk.
ptional
3. If at all, only to save
himself from being regarded
as a cypher will
he open his mouth.
4. For any thing beyond
this, no inducement has
he that will pay him
for the trouble of thinking.
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Ch.
S.
—
S. Intellectual
Art 8. As to intellectual
aptitude, demonstrated
will this be by the addition
- diminished will
be the inducement to
the labour necessary
for acquiring and retaining
it. For any real
deficiency, the presumption
of sufficiency
afforded by the
concurrence of his
colleagues, will afford
a supply.
Thus is fridicature
turned into a mere
expression of will:
and the greater the reputation,
from whatever
cause, the less the need
of exercise of judgement.
9
Evil assertion
Art9. Detriment to
the collateral ends of
justice.
1. As to expense: double
the number in each
side judicatory, you
double, this part of the
expense.
10.
Art 10. Thence also the
delay and consequent
vexation.
For, the greater the
number of judicatories,
the less the delay:
and the greater the
number of Judges you
have to pay, the fewer
Judicatories you can
have if you add to
the number of Judges
in each.
—
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Ch. Judiciary collectively
S.5. Number in a Judicative not more than one
I.1. Exception Legislation
Army.
1.2.3
Rationale
II.1. Reasons as to
aptitude 4
3
III. Reasons as to moral
aptitude
IV.5.6.7
V. Reasons as to intellectual
aptitude.
8
VI. Reason as to collateral
code of justice
9.10.11.12.13.
—
Exemplificational
VII. Practice Anglici and
Gallici
14.15.16.17 18.19
Practice Anglici
Equals | 1.arch
20.21 | 22.23.24.25
| Content| Just of Peace
26.27 | 28.29 | 30. 3
VIII.1 Relation to Procedure.
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jeremy bentham; john flowerdew colls |
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admiral pavel chichagov |
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[[notes_public::"relates to judges only not to minister" [note in bentham's hand]]] |
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