JB/042/242/001

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1828. Oct 5. 1831. June 26 J
Constitutional Code Copd

Ch. XII. Judiciary collectively
§.4. Judicatories — their
grades

2

Ratiocinative

Art. 6. Question 1. Why, in any case, employ as many as two grades of jurisdictions?

Answer. — Reasons:—

I. General Reason — this.

For the more effectually securing, on the part of the functionaries in question, appropriate
aptitude in all its branches on the part of Judges.

II. Particular Reasons applying to these several branches respectively, these —

I. I. In the first place Applying to moral aptitude, this: namely Exemption
from corruption and undue favour.

1. Independently of all securities and qualifications, and other securities applying to the situation of the Judge appealed to, —
whatsoever be the sinister design in question, it is
at least twice as unlikely that two it should concur be pursue
by two is at the least twice as improbable as that it should be pursued by one:
in it than that one should: especially two, who
never in regard to whom effectual measures are taken that to prevent their having
had
have not any personal communication one
with another. As this see §.17. Migration

II. 2 II. For the benefit of experience As Applying to intellectual aptitude, appropriate knowledge and judgment included,
this: — namely — the
benefit of experience
At the co commencement of his career, the Judge Immediate
will be an untried man: untried
that is to say in his situation of Judge principal,
though by the necessity of his having previously
served in the situation of Judge Depute
occasional Ch. XIII permanent as per Ch. XIV, or that of Judge Depute occasional, as
per Ch. XV.
as per § Judge Depute permanent
as per , provision for his being endowed with this same
provision is here made for the triedness in business
desirable quality has been made. Here then is one course of trial:[+]1
[+]1 but, the case being
such, that no perso in
the situation of Judge
principal Appellate no
person can have place
without his having, for a
considerable length of time
served in the situation of Judge
Immediate principal, thorough accordingly, so it is, that to that one course of trial is added a second.
of the : whereas on the part of the
Judge Appellate who per Ch. can not have been place in
that situation without having passed through
that of Judge Immediate, the demonstration trial of appropriate
aptitude in this as well as in the several
others cannot but have been afforded. had place.

III. Appropriate intellectual aptitude: knowledge and
judgment included. Like increase of the probability of appropriate
aptitude on the part of the ultimate decision to
which execution and effect comes to be given.

III. Thirdly and lastly, applying Appropriate active aptitude. Like increase probability
security for, and probability of, encrease, of this branch of appropriate aptitude.

IV. Of all these causes of increase of aptitude the
existence and the influence being open to all eyes,
hence the probability not only of actual increase
of aptitude, but of a general persuasion of its existence on the part of the
people: with correspondent confidence
in the whole of the judicial
establishment,
and with the sense
of[+]2
[+]2 security in their
own breasts.

Identifier: | JB/042/242/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1828-10-05	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	242	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public	"copd"	ID Number	13165
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