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Ch. XII Judiciary collectively
4 §. Habitiments
Instructions
Purposes
8
The greater a mans desire
to procure respect for his
office the less the quantity
he knows his behaviour
in it deserves
The greater a mans anxiety to procure respect for
the system he belongs to the less one may be assured is
the quantity which he even in his own eyes he is entitled
to by his behaviour in that same office.
9
By this anxiety have
been produced the notions
that peace & happiness
depend on respect to
Judges
By this anxiety have been produced the notions maxims
so habitually studiously and universally inculcated
that that the power of and the happiness that depends
upon it depends upon and is proportioned to the quantity
of respect bestowed without exception or
on all Judges: that the degree of obedience compliance paid to the mandates
issued by Judges Judge depends upon and is proportionate to the
degree of the respect entertained by the individual in question
in relation to these that same Judge Altogether ungrounded
is this conception: it is by the opinion entertained by of
his power, not by the opinion entertained of his aptitude
for the possession of it that the disposition to and practice of
obedience is produced: the person is known to attested
to the situation is known to every body one: the production
of behaviour comparatively few will always be
still fewer have always hitherto been those by to whom
the shades of behaviour have been discernible difference by between which the behaviour of
this or that Judge is distinguished from the behaviour of this
or that other stands distinguished have been discernible.
[|] if a man be ordered
to prison by a Judge
to a prison he will go
whether it be by the
best or by the worst
Judge that ever lived.
10
Anglo american practice
compared to European
In the minds of the people Among the civilized nations of Europe the idea
of superior virtue as well as wisdom on the part of the wearer stands affronted
with the spectacle of long flowing robes: and to this association delusion
may be referred without degree of error in no small
degree the arbitrariness of their conduct in these several
situations: in the Anglo American United States those
instruments of , have never dared to been employed:
and
thence it is that whatever
of aptitude this elements of inaptitude they
have derived from the legal system
imported from the mother
country no such harmfulness
has been manifested by them nor any such arbitrariness as the people have been always/at all times suffering under in English practice have at all times been observable
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