JB/042/146/001

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1827. Novr. 12. Written Constitutional Code Ch.XII. Judiciary Collectively
S.1. Preliminary Explanation

1.

Astonishment and indignation
the sentiments
this Code will
excite on the part of
judicial expectants.

2.

The cause, that these
Codes made for the
greatest number —
the justiciables not
for judges alone.

3.

Existing Codes made
by lawyers for the benefit
of lawyers.

4.

Objection-persons
will not be found
to accept an office
thus headed with burthens.
Answer. Offices far
more burthensome, accepted
by great numbers,
and eagerly sought
for.

5.

Acceptance of office
as these terms a
greater proof of appropriate
aptitude, than
a boasting and pretended
indignant
rejection.

6.

Non-acceptance a
proof of inaptitude.

7.

In England, enormity
of lawyer's emolument
held up as a reason
for corresponding enormity
in judge's
emoluments.

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8.

In Proposed Codes,
the grand demand
for appropriate knowledge
on the part of
judges done away by
the substitution of
zeal to fictitious law.

9.

Under proposed Codes
care taken that Judge,
in pursuing his own
interest, may meet
with effectual obstruction
in opposing the
greatest happiness of
the greatest number.

10.

That, for the accommodation
of a single
individual, persons
in any number shd.
at all times be in
attendance, is not
thought extraordinary.

11.

So for private individuals,
accommodation
to be had for ordinary
remuneration
on all days, at all
times.

12.

Yet, (with narrow exceptions)
no law ever
made for providing
justice at all times
for the millions.

13.

End aimed at by these
Codes, different from
ends aimed at by all
other bodies of law,
Anglo-American U.S.
alone excepted.

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14.

Judicial establishment:
its intimate connection
with Procedure.

15.

Ends aimed at by both,
maximization of public
benefit, and rendering
adequate the functionaries
employed.

16.

A difficulty presents
itself, the vexation
and expense
attending the
pursuit as well as
defence of a suit.

17.

Thence the entering
in a suit the means
of inflicting evil on
the atagonist.

18.

Remedy, the subjecting
the author of such
evil to pecuniary loss.

19.

No system of judicature
hitherto established
has had justice
for its object.

20.

& there had been such,
it would have rendered
compleat the services
of the Minister
of Justice.

21.

So it would have avoided,
with the most
scrupulous care, all
factitious delay, vexation
and expense.

Identifier: | JB/042/146/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-11-12	Marginal Summary Numbering	1-21
Box	042	Main Headings	constitutional code
Folio number	146	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	13069
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