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1827. Jany. 22d 1831 July 27 To Bull
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Constitutional Code
Ch. XII. Judiciary Collectively
S.10 Self suppletive funct<hi rend="underline">n</hi>
21.1.
Even where the State
is given, still more
where not given, the
here preposed deputation
system affords the
only possible mode of
providing sufficiency
without superfluity
in the number of judicatories:
of steering
always clear between
insufficiency and excess.
Emblem, the boots
which fitted themselves
to every leg.
22 or 2.
Thus are conjoined
the maximum of aptitude
& frugality.
23 or 3.
Still to exclude abuse
requires the
Legislation and public's
unremitted vigilance.
24 or 4.
Number deficient,
proportioned to deficiency
is delay-temporary
denial of
justice: superfluous,
useless expense.
Deficiency and profusion
may exist
together: deficiencies
in one spot: profusion
in another:
and if the field of jurisdiction
be parcelled
out by logical
division, both may
have place on the
same spots some judicatories
overleaded;
others idle.
Ch.XII. Judiciary Collectively.
S.10 Self suppletive function
25 or 5.
Under this system of
frugality, deficiency,
(viz. in the number
of judicatories) is the
evil which will naturally
be the first to
strike the eye. No pay,
no work: hard is your
work, nor is every man
fit for it.
—
Employ 6.2
26 or 6
Experience furnishing
the answer.
Unpaid, service in
this shape is not unrewarded.
Rewards are
1. The distinction.
2. The power.
3. Reputation, rising
with good desert.
Employ 27 or 7
1. Distinction 2. Power
For the value set upon
the reward in these
shapes, note several
examples.
1. English Courts of Conscience.
Field of Jurisdiction
narrow, as
low as 40s. Power, not
an integer, but a fraction,
and that a small
one: numerator, 1: denominator,
a score
or more.
Employ
28 or 8
Here, field (logical)
of jurisdiction, boundless,
power integral.
Ch.XII. Judiciary Collectively
S.10 Self suppletive funct.n
Employ
29 or 9
II. Danish Constitution
Courts.
Field (logical) wide
compared with the above
English: narrow
compared with the
here proposed: power,
fractionized.
Employ 30:
III. English Justices
of the Peace. Examples
too conspicuous
to be unnoticed:
but not so simple
as the above.
Pay
Pay
25
Pay
+ There being no
title for this in the
printed Table. it may
fo be inserted under
the head of Ratiocinative
not Instructional
at the end of the last
Section: with or without
a note to shew however
came there was no title for it
ChXII. Judiciary Collectively.
S.10 Self suppletive function
or
Ch.XIV. Deputes permanent?
I Sufficiency taxes Superfluity
§2§1 Excess and Sufficiency
+Pay without superfluity security
in the number of Judges
Judicatories 1.2.3.4
[] Practicability subs
§2§.2 No danger of deficiency
in the number
of persons willing to serve
as Deputes permanent
without pay
5.6.7.8.9.10
+ III Assiduity maximized
§2§3. By the location
system closeness of
attendance will be
produced
+ 22
Confer Locable
who
11.12.13
Pay
Should not this be posted
off to §.28 Locable who?
or many not the portion of
matter be for that purpose
employed in anticipation?
IV Stipendiary & Honorary
§2§.4 Classes two Stipendiary
and honorary Deputes permanent
will grow up.
15.16.17.18.19.20
28
III Pay maximized
§s§.5 How the deputation
system will contribute to
maximize the principal:
pay
26
21.22. +
VI. Aptitude intellect & active
§2§6. No Hanger of deficiency
of aptitude intellectual
and notice will
be obviated, by Codification,
in honoraries as well as
expectant stipendiaries
23.24.25.26.27
VII. Deputes hore and full.
§2sect;1. Demand for Deputes
permanent and occasional
why greater in the Judiciary
than the Administrative
Department.
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jeremy bentham; john flowerdew colls |
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