★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1824. Decr. 26 1825 Dec. 18 +
Constitutional Code q
IV
Ch. XXVI Local Headmen
§.10. VII. Sedative function
§.11. VIII. Justice aiding function
§.12. IX. Uncommissioned prehension-
aiding function
1
Obvious the connection
between these three functions
Sole, difference, the occasion.
One protects
against wrong from
Judges; another against
do from
1 Do for sedative, rare
2. Occasion for justice
-aiding will not always
wait for a
mandate.
3. Uncommissioned
aiding checks rashness,
encourages
timid good intention.
Instruction
§ VIII. Sedative function. § IX Justice-aiding function. X. Uncommissioned-
prehension-aiding function. How near of him
to one another these three functions are is manifest. In the
nature of the occasion on which they are it may happen to them
to be called into exercise has almost this only difference. To the sedative
function it will be chance a casual commotion produced by chances
on an event occasion which from century to cent every day in every year
be capable of happening but which from hundred years to hundred
years may never happen. In the case of the Justice
aiding function an order from the Judge will naturally, in the with relation
case had of the individual obligation be the one efficient cause: but
unless the duty together with the power were extended to these cases in which, as
individual order from the Judge was by the nature of the case impossibilzed, the provision made
for the support of Justice
would manifestly be
lame and insufficient.
In the case of the uncommissioned prehension-aiding function
the efficient cause is an application made by an individual
who, time not admitting of its being made to the Judge
for an individual authorisation, taken upon him provisionally
in conseq under the assurances of obtaining it as soon
as time admitts to operate act in aid of justice in pursuance of
the a general authority supposed to have been given by the
law. In the case of the Stipendiary controlling function, the check
is applied it is to the person that might otherwise be arbitrary
in the hands of functionaries: in the present case to the
power in the hands of individuals.
Identifier: | JB/042/688/001 "JB/" can not be assigned to a declared number type with value 42.
|
|||
---|---|---|---|
1824-12-26 |
1 |
||
042 |
constitutional code |
||
688 |
constitutional code |
||
001 |
instructions |
||
text sheet |
1 |
||
recto |
|||
jeremy bentham |
j whatman turkey mill 1824 |
||
admiral pavel chichagov |
|||
1824 |
|||
13611 |
|||