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Copied oral
Copy corrected
by J.B.
+ + 10
Ch. XII Judiciary collectively
(10 § 23. §.28 Locable who
Art. 165. III Comparative inaptitude excluded. In the
situation of Judge, a formed habit an originally early formed habit
of impartiality is an effectual security for impartiality the exercise of
that virtue on each future o succeeding occasion: a security not
only for right inclination but for right judgment: — not
only for the moral but for the intellectual branch of appropriate
aptitude. When superior judicial aptitude for a judicial situation can be secured, to
admitt inferior instead of it, would be to act in repugnance
to the ends of justice. So soon therefore as, in
sufficient number persons are whose instance the best
security for this habit impartiality that the nature of the case admitts of
for the habit of a formed habit of impartiality has been afforded
by appropriate practice, no person, by whose habits
a reasonably presumable comparative inferiority in
respect of that quality has been demonstrated by corresponding
experience, can thereof be admitted into this same situation consistently with due
regard to those same ends.
Nor
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jeremy bentham |
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