JB/042/456/001

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1824. July 17 +
Constitutional Code

1o
IV
Ch. XII Judiciary collectively
2 §.16 Sistitive Emendatory
§. 17 Meliorative Sistitive
§.18 Preinterprtative

5
Art. 5. 4. By the Judge
to whom the evil presents itself
will the remedy be applied?
By one, yes: by another, no
Application or non-application
will depend on
the idiosyncratic appropriate
aptitude in each
Judge.

The remedy, such as it is applied in one district, will have
no effect or application in another: the one law will be known
every where: the good remedy will be known no where but in
the district which gave it birth

6
Art. 6. 1. Moral aptitude
Too high to be looked for
in the virtue necessary
to engage the subordinate
to set his act in opposition
to Legislators will.

Meantime the take any Judicial subdistrict the Judicial remedy how obvious so ever will, and
it be how compleatly so ever the application of it may be within the power of the Judge, will
it actually be applied by him? This will in each instance
depend upon the particular frame of mind of the Judge: upon
his appropriate aptitude on all points.

As to moral aptitude. Nothing less than a degree of
public virtue too rare to be depended upon will suffice to engage
a functionary in this situation to set up his individual
will in opposition to the will of the Legislature.

7
Art. 7. 2. Intellectual
Aptitude. Suppose him
virtuous enough to make
the personal sacrifice,
the greater his intellectual
aptitude
will not the evil capable
of being produced by
the this continual defalcative
force the probability of
the law being executed —
by the then continual
diminution of the securities
afforded by the law, be
the greater?

2. Intellectual aptitude judicial. Supposing him disposed
for the sake good of the public to hazard this personal sacrifice
will it be for the benefit of the public that he should do so?
that while The oftener this this individually operating remedy [the greater
is the degree of universal uncertainty produced] in the eyes of all observers the greater is
the defalcation made from the probability of the law obtaining
execution and effect, and thence from the security for every
go element of felicity for wh the possession of which depends on the
punctuality of the execution and effect given to the law. In the mind of Judge
Peter will be the impression made by the mandate in individual mischief
will be strongest, in Judge Paul that made by the result
but so much more extensive mischief. Judge By Judge
Peter execution and effect will accordingly be given, by
Judge Paul refused, to the p mischief producing laws.

Identifier: | JB/042/456/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	5-7
Box	042	Main Headings	constitutional code
Folio number	456	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13379
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