JB/042/461/001

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1824. July 17 +
Constitutional Code

1o
IV
Ch.XII Judiciary collectively
7 §.16. Sistitive
§. 17 Emendatory
§. 18 Preinterpretative

16
Art. 16. In any part of
the law, to any issue,
suppose amendment
needed, no matter by or
when the perception of
the need has originated:
the a Judge, or any other
person at large.

To a person activated
by a tangible individual
interest more
likely is such a perception
to present itself than
to a Judge, whose inducements
are confined to
love of reputation and
sympathy for the public
interest

If the evil in question be of the number of those which
it is worth while for the Legislator to employ his power
in excluding whether where the imagination is by which it
has been brought to the view of his informant the Judge whether
that of the Judge of this or that individual at large, will not
to this purpose make any difference. Any indiv evil
with which his own particular situation happens to threaten
him, will be much more likely to present itself to a man
than any of the endless multitude of others other evils with which attack him
which other individuals are threatened in their respective situations.

17
Art. 17. To no person
whose situation affords
not that security for
appropriate aptitude
which is afforded by
that of the Judge, can
this any such share
in legislators authority
be conceivably entrusted
because though the
interest of the Legislature
would suffice to prevent it from
being mischievous in
any other way: yet
by the multitude of
purposes it might
become troublesome.
Open therefore to all
the door of the Judicatory
for the reception of
meliorative suggestion

An amendment sug submitted
by a Judge may
be as to him indigenous
or extragenous

To max For the maximization of improvement in every part
of the field of law the invests with the meliorative
suggestive function every inhabitant of the globe individual of the human species But it is
not to very such individual — it is not, in a word, to any a individual
except in any situation other than that of a Judge, that
so great howsoever contingent a term in legislation can with
propriety due regard to general be imparted. If however in such its character
the evil has been presented to the view of the Judge, whether it be
by his own imagination that it be presented or whether it be
by that the observation, report or even imagination of another
individual — if any other individual, is to this purpose
matter of entire indifference. On the part of the Judge In the former cases the said
suggestion indication by which the evil with its supposed expected remedy
has been presented offered to the notice of the Legislature is on the part
of the Judge spontaneous indigenous; in this latter case it is extragenous extraneous.

Identifier: | JB/042/461/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	16-17
Box	042	Main Headings	constitutional code
Folio number	461	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e7
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	13384
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