JB/042/560/001

Click Here To Edit

1827. April 30
Constitutional Code

19
Ch. XII Judiciary collectively
(4 §.28. Locable who

☞ In conjunction with this, write up the matter of the Professional
Lawyers

☞ After some introductive observations proceed to say

Under the established system Even in English practice finds — unquestionable and intense facts,
are not favourable to this any such supposition.

44 or 6
As to moral aptitude
all professional lawyers
at a par — the lowest
in the scale

As to moral aptitude all professional lawyers may be said to be stated as being upon
a par. not by surely as had found the boldness to say and presume
in their as between right and wrong — but to
wrong as being the best

7
Intellectual aptitude
the most plausible
ground for their
locability as Judges

Intellectual is the branch of aptitude which with most plausible
appearance might be stated as being theirs in a superior degree
in comparison with non lawyers.

8
As compared with
non lawyers yes but
not as compared with
those who under the
present system would
be locable

As compared with non lawyers, yes. for because into the minds
of lawyers the matter of jurisprudence in a equably more or less considerable
case can but have been imbeded: in those on non-lawyers — not
in particular

But for the object or subject matters of comparison take
the deficient classes of professional lawyers with relation to one another.
Compare with the common herd at large those who in the character of
Advocates have most distinguished themselves, and on that account
have been seeded in the bunch. What in experience has been the degree
in which has one so circumstanced the public expectation has been fulfilled.

9
Inaptitude exemplified
in the case of English
Judges in the highest
situations.

Take the two most distinguished Chancellor as
found. Eldon Chancellor of England — Redesdale of Ireland.

Ask in the first place what is the demonstrative and declarative question
for the exercise of which or none is on the judicial Bench. It is the pecuniary
judgment. Is it taking backward and forward? is it posing
forth a score of doubts? The matter of the Chancellors themselves can
do this as well as he.

If to decide give/presume judgment is the peculiar function of a Judge, if inaptitude
for the exercise of this function is the relative inaptitude, what stands in direct
opposition to the appropriate aptitude, never did the least learned in this situation, Judges exhibit
inaptitude in as flagrant a degree as those whose learnedness has
been so and as extensively

For the inaptitude of Eldon no exact measure has as yet and probably will been
brought to view

Not so in the case of his brother and protegé Lord Redesdale (a)
(a) Here quote for the details his inaptitude
as compared with
aptitude: in what in law
was ever bestowed: so called
so disliked of all sorts of numbers, is the nature to which they belong a Journal is only for the drawing the of

Identifier: | JB/042/560/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-04-30	Marginal Summary Numbering	44 or 6, 7-9
Box	042	Main Headings	constitutional code
Folio number	560	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d19 / e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13483
Box Contents