JB/042/568/001

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1827 Aug. 27
Constitutional Code

27
?? Ch. XII Judiciary collectively
(2) §.28 Locable who
Advocates none

28 or 5
Not only the moral
character of the two
different but also the
intellectual & active
aptitude. A Judge
exercises the judicial
An Advocate the inventive
faculty

Rationale

Art 28 Not only as between the one functionaries and the other
is moral character naturally by force of habit rendered
different, but in respect of intellectual and active aptitude the
talents faculties requisite for the situation/occupation are considerably different: By the Judge,
the faculty exercised is as the name imports, the judicial —
in one word judgment: deciding as between reason considered argument and reason
and reason: reasons /arguments arguments presented on the one side, and reasons presented on the other.

By the Advocate invention, invention of such arguments
as apply on one side only, no direct necessary measure of their
relative probative forces so judgment as to which of two is strongest,
how weak so ever, if his was not strong case affords none that are stronger
employ them he must and make the most of them.

29 or 6
Advocates business
to use Judge's to
expose fallacy

Art. 29 When If nothing better offers fallacy (a) in every possible
shape will be the sort of argument employed by the Advocate
to detect the weakness and inapplicablity irrelevancy forms no part of his
business. But the Judge's business no part is formed by any
such operation: his business is to expose them when brought not to invent and bring them to view — but
to view. Thus where the question is between a the question in toto
which is altogether true of two contradictory propositions the other being altogether false. Then again as to
a question of degree. The business endeavour of the Advocate will naturally be to
maximize exaggeration: that of the Judge to correct it.
to substitute to the too high or too low degree the exactly proper
degree

30 or 7
Advocates endeavouring
to produce Judge's to
frustrate the effects
of passionate excitation

Art. 30 The business is — at any rate the indecision will naturally Of the Advocates the indecision would be produced in the
and breast of the Judge affection — affection to the degree of
passion: of the Judge the duty will be to frustrate all such
endeavours, to keep his mind in a state of undisturbed tranquillity
and

Note
(a) [Fallacy] A set of Tables of Tabular list of Fallacies will be among the furniture
of every Justice Chamber see XII.§.33 Judiciary Apparatus.

Identifier: | JB/042/568/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-08-27	Marginal Summary Numbering	28 or 5 - 30 or 7
Box	042	Main Headings	constitutional code
Folio number	568	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d27
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	13491
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