JB/042/579/001

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1823 May 22 + Location G 2
1827 Feb. 23 sum
Constitutional Code

III R
Ch. XII Judiciary Collectively
§.29. Located how
29. Not by Executive Chief
Not by Prime Minister
Not by Constitution

2

1
Question Location
of Judges why not in
Constitution, nor Legislative,
nor Executive,
but in Justice Minister?

Ratiocination

Art. 5. Question. Why locate as to the function of locating all the several
Judges in their respective Offices official situations locate it not in the hands of
a single funct the members of the supreme Constitution of the those people in whose hands the function of
locating the possessors of the supreme legislative authority is located
but and why then of a single functionary himself one and the same functions for all located by the
Executive Chief Supreme in the Executive Department?

2
Answer. Reasons
1. not in Constitution
1. Want of time: as is
case of Executive Chief.

Answer. Reasons. 1. First as to the not locating it in the
hands of the supreme Constitution.

1 Want of time: namely for receiving adequate information: as in the case of the function of
Executive Chief.

3
2. Want of moral aptitude.

For locating Members
of Legislature, aptitude
sufficient: for by location
of one Member
no Constitution sinister
interest could be served
without concurrence of
majority: which, as above
is not probable.

Not so for locating
singly acting Judges.
By league with a candidate
for the Judgeship a
single leader, might
in the event of his up
acquire means
of qualification
for sinister interest to an
indefinite
extent:

1. Consider the member for in the first place as the gr As to appropriate moral aptitude

That with relation to the choice location of the members of the supreme
legislature the here proposed members of the supreme Constitution
are not unapt but on the other contrary hand in an exclusive degree
apt, has been already shewn. But to the case of the class of functionaries
here in question namely the Judges of the several Judicatories
this same appropriate moral aptitude does not
extend. To the Of locating seating in the supreme Legislature a majority
in the breasts of whom in addition to the power the disposition
to make to his particular happiness sacrifice of the happiness of the
greatest number in the breast of his own member of the supreme
Constitution can the hope of have place. But of locating
in the situation of Judge a single individual in whose breast
in addition to the power the disposition to make
to a consider degree more or less considerable this sinister sacrifice
may without much difficulty have place. By the This is that inducement
points of appropriate aptitude of which he has succeeded in putting
himself in possession and of which he has had the opportunity of
making adequate display This is that individual has obtained
at the hands of the majority of the Electors that degree of confidence
by which that for the in regard to the location of an individual in the
office in question they would the majority of them be guided in their
votes by this office his declared opinion. They would regard as being the relation to the situation
the individual possessed of the maximum of appropriate aptitude taken in the aggregate, the individual, whatever he were, who by this their chosen shall have been pointed to as
being the very individual so universally desired:

his understanding, such
an influence over theirs

Identifier: | JB/042/579/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-05-22	Marginal Summary Numbering	1-3
Box	042	Main Headings	constitutional code
Folio number	579	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13502
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