JB/042/469/001

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1824 July 18 +
Constitutional Code

IV
Ch. XII Judiciary collectively
15 §.16.
§. 17 Sistitive
§. 18 Preinterpretative

39
Art. 39. Simple and
obvious, how came these
remedies never to have
been employed.
Answer. 1. Law Statutes
Cause, dispassionateness and
Self-sufficiency of Legislators.
Resistance to their evil
is unconducible to their
selfishness and their pride,
maintenance of an opinion
different from theirs, to
their vanity.

In As to no part of appropriate
aptitude will then
endure to be regarded as
not all perfect.

Simple and obvious as are the remedies, how comes it
that at no time they have any where been employed? Answer, in of
the non-employment of these two causes little and less obvious nothing be
found.

One is, the imperiousness dupelicatsness/self-willedness and self sufficiency of legislators
thoughts and impressions, the unendurable to them has been the idea
of any numbing resistance to their power: especially
upon on the part of their own specially chosen Self sufficient
as flattering by universal flattery all despots are rendered, and
in a degree proportioned to their ignorance and intellectual
weakness, the idea of any deficiency in aptit intellectual
aptitude on their part, of any superiority on the part of other
is alike in a little less degree intolerable. Thus much stands the matter in so far as where the rule of action is
in the shape of Statute law — the only real law

40
Art. 40. 4 Law Common.

How amendment in
terminus is impossible.
Why? because there are
no words belonging to added to it
subtract from, add to, or
substitute to. A fictitious
which has no real part
As well might the House
of Assembly be built on
a cloud, or a Messenger
dispatched from it on a
dragon or a chimera
real law may be substituted
to fictitious: but
the fiction is not thus
amended but dispelled.

In the case of the imaginary sort of law called Common
Law the bar to melioration from this source is still more necessarily
inseparable. In the case of Trial law, there has always existed a
ground to which the amendment may be might always by possibility at least have been applied. In the case
of what is called Common Law there is no such ground in existence:
as well might a man built a with
the House of Assembly have been built upon a cloud, or a
messenger dispatched upon a dragon or a Chimera.

41
Art. 41. Such as yet has
been the moral priority
the intellectual neediness
of almost all Constitution legislatures
under every form of government
French National Assembly,
Spanish and Portuguese
Cortes.

Not to speak of Anglo-American
Legislators who, not content with the most apt for all branches of the mind have one sort of body for the Constitutional branch of law, another for every other:
notwithstanding this, necessary and probably inextricable, certainly extricated entanglement; and till a great Constitution making body has been called, the former
declares the work all perfection, and itself infallible.

Not ever on the part of their own successors was the idea of
any superiority in appropriate aptitude as in any one which in
the Constitutional Code been endorsable by men of the people the French Constitutional
Assembly by the Spanish Cortes by the Portuguese Cortes: not
to speak of the Anglo-American United States with their two different Legislative
bodies one for one branch of the rule of action, another for
another, notwithstanding the natural and mistricate entanglement
of the different all the several branches But if on the part of equals
in power and superiority in experience the idea equality has been then as desirable
imagine how by much more readier a despot or his scribe must have been to the of any such
superiority on the part of any the a how abjectly so prostrately dependant
creature?

Identifier: | JB/042/469/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-18	Marginal Summary Numbering	39-41
Box	042	Main Headings	constitutional code
Folio number	469	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e15
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	13392
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