JB/042/561/001

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1827. April 30
Constitutional Code.

20
Ch. XII Judiciary collectively
(5 §.28. Locable who

10
Anglicé locability
as yet the exclusive
possession of professional
lawyers

In English practice as yet locability with reference
to judicial situation has been the exclusive possession of professional
lawyers, and among those of the Advocate class.

Under the system which such as the one here proposed
has ju for its ends in view the several so often greater ends of justice, nothing
can be more compleatly needless than such an exclusion, nothing
more punitive, — more adverse to this need.

The sort of preparation really conducive to the purpose
has been already brought to view: ap in relation to this occupation
a course of apprenticeship the same as has place in the case of profit
seeking occupation at large.

11
Their inaptitude
1st as to moral
2d as to intellectual

So far from reinforcing appropriate aptitude with relation
to the exercise of judicial function, the tendency of professional practice is absent
without exception to establish in its several branches the relative inaptitude
correspondent and appropriate to appropriate aptitude in those same
branches.

2. So as to moral aptitude. In and for the situation of Judge the
problem is between interest and duty to establish such connection
that, in what degree so ever duty considered as such may to his
feelings be matter of indifference. Yet by the mere pursuit of his
own interests — to the fulfilment the same duty he will naturally and of course
stand engaged. As Then justice will in perfection be accomplished in the most perfect
manner. By the dur full fulfilment of his duty and a proportion
to the degree in which it is fulfilled, the Judge will put himself in possession
of reputation — the source of power, and of all those invaluable
and nameless good effects which have already the greatest of enumeration
are not the less valuable. By breach of his duty nothing will be his
to give, for in the judicatory below no sooner is discard has it manifested itself than
by the appeal to the superior Judicatory the business and with it power is taken out of his hands.
Then as to the Appellate Judicatory only in case of dissatisfaction on
the part of one or other of the parties can the suit be carried to the superior
Judicature. Between the two judicatories the expence and to suppose that it is the
confederacy and is not physically impossible. Not less so is it
that for things results can be now a greater degree improbable: seeing the
the press is open to every body, open not nominaly only but really — and
of the materials for judging, the whole stock is recorded, and when any such
delinquency
delinquency is suspected, coming
before the Public Opinion Tribunal
as of
the natural the real sided and selfish of all natures

Identifier: | JB/042/561/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-04-30	Marginal Summary Numbering	10-11
Box	042	Main Headings	constitutional code
Folio number	561	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d20 / e5
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1826
Notes public		ID Number	13484
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