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IV
Ch. XI Judiciary collectively
(1) 6 §. Meliorative suggestive and
§. Preinterpretative function
15 or 7
1 Art. 7 By the two functions
maximized and optimized is the growth
of improvement in every
quarter of the field
By this institution coupled with the other, the growth
improvement in the field every quarter of the field of legislation
is maximized.
18 or 8
2. Art. 8 MeliorativeSuggestive
use of mal lodging
it in the joint hands of Judge
and individual applicant
whose thus giving it the force
of the preinterpretative
form. From an individual
where the application
would be disregarded:
the eventually consummative
power not being
fully locable in such hands
Art. 8. Suggested by an individual without
power, an a mere improvement would have the legislature and
its Ministers unmolested undisturbed, and might without difficulty
be remain disregarded.
19 or 9
3. Art. 9 This power acts as
a stimulus to the Legislature:
since in case of his
negligence it will take the
place of his.
Art. 9. Not so the any indication made of
the imperfection, with a supposed and preferred remedy
The Legislature if he omitts to exercise his authority will
see the Judge, treading upon his heels, and exercising it
in its stead.
20 or 10
4. Art. 10 General beneficial
results — no species of
interest, no individual
interest, can be neglected.
Art 10 Between the one and the other, no interest
no man's interest, no species of interest, no man's interest can without his own
negligence be treated for any length of time with neglect.
21 or 11
Art. 11 5 Beneficial effect producible
by the bare view
of these proposed arrangements.
Showing Proving irrational & the power of virtual
legislation exercised
by Judges under Rome-bred
and English-bred laws.
When the three last mentioned functions taken together and considered
in conjunction the execution-changing — the meliorative suggestive
and the preinterpretative, it will it is believed be sufficiently
apparent that the power of virtual legislation, under the
Rome-bred and English-bred so freely exercised under the
name of interpretative or constructive will would, under this Code be without
and even without needless as well as pernicious.
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22 or 1
6 Cause of its being tolerated
and encouraged under a corrupt
form of government Judges
being confederative and instruments
of the superior
rulers, viz: Monarch
and Aristocracy, by these
hands the superior made
laws so bad that shame
or even fear would
prevent their making
them with this aim
Under a corrupt form of government usurpation
in this form is tolerated and even encouraged: encouraged
from correspondently corrupt motives and with correspondently
mischievous effects. The possession of judicial power was in
such a Government confederates and instruments of the Monarch
and the Aristocracy. By the hand of the Judge the confederates
exhibited exercise oppression re in indefinite a variety of shapes and
to an indefinite extent influence beyond any in which a to which shame and even
fear would prevented them from being seen to exercise it there.
In the form of Whether in a the form of a law would require
files pages by dozens or scores, with the form and test of discussion debate
in Assembly after Assembly is done in a Judicatory by a side would
without other expence than that of a phrase or even a word.
23 or 2
7. What in the form of a
Statute would fill pages by [+]
[+] the dozen, is done by a Judges dictum by less than as many words.
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