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When you have marked out your territory, & drawn boundary level around the inhabitants of each section of territory division it remains to
apply this describe the use that is to be made of those
boundary lines & to any in what respect the inhabitants
shall be composed within
them.
Under the name
of Courts.
1. Family – Tribunal
for civil causes. Tit. IX. art. 11.
2. Another Family
Tribunal for penal causes. Tit. IX. art. 12
3. High-National
Court. Tit. XI
4. Municipal bodies
under the
name of Judges of
Police. Tit. XIII
5. Court of Trade.
Tit. XIV
6. Immediate Court of Administration
& Taxes
Tit. XV. art. 1.
7. Court of Appeal Appellate Court
from the Court of
Administration &
Taxes formed out of
the Superior Courts.
Tit. XV. art. 4.
8. Appellate
Courts of the
. Tit. XV.
art. 13.
Intimate
it is for the less
a from any be the
greater.
The mere
of both
parties may again
point to a
spot which is the
of neither.
If the Judge
can spare them
any of his time
why should the
Laws grudge it
them?
---page break---
Not under the name
of Courts
1. Canton Peace-Office.
prefixed in the
Tit. IX art.
2. District Peace-Office. Tit. IX. art. 4.
3. District Peace-Office
prefixed
to the Department
Court. Tit. IX.
art. 5.
4. District Peace-Office
introductory prefixed
to the Superior
Court. Tit. IX.
art. 5.
5. District Peace-Office
in the character
of a Charitable-Law-Office.
Tit. IX. art. 6.
6. Separate Charitable-Law-Office
to the
Department Court.
Tit. IX. art. 7.
7. Separate Charitable-Law-Office
to the Superior Court.
Tit. IX. art. 7.
8. Directory of the
District serving prefixed in the
capacity of a Reconciliation-Office
to the Court of
Administration
& Taxes. Tit. XV.
art. 3.
9. Directory of the
Department prefixed
in the character of a Reconciliation-Office
to the immediate
Court of Administration
and Taxes
sitting on disputes
with relative to Contracts for
the public service.
Tit. XV. art. 6 & 7.
10. Municipal bodies
prefixed in the character of
a Reconciliation-office
to the Immediate
Court of
Administration &
Taxes sitting on
d certain disputes
relative to Contracts
for the public service.
Tit. XV. art. 8.
---page break---
Preserved
for a time
1. Courts of Transit
Duties. Tit. XV.
art. 5.
2. Mint Courts of the Mint.
Tit. XV. art. 13
It is It is the consideration
of these
To black up the advantages gave
entrance birth to the provisions
which
will be found in
art Tit. IV. of my
Draught.
The place most
convenient to the
one party is not
always to the
other. Where
I. Convenience in
respect of distance.
In general a man's
the Court of a mans
own Parish County, district
whatever it be the
division will be
minor to him than
that of any other
one.
But if it in any one time he not
why now pin him
down to it?
Better for six
miles and
pure justice and worse
other matters.
---page break---
Intercommunity
1. Yielding to Favouring
convenience to
point of distance.
2. Breeding consolation
3. Preventing
conflicts of jurisdiction
4. Obviating
partiality or
the opinion of
partiality impossible.
2. In general it will
be more convenient
for a man to stay
at home: than to go
at . But
suppose business
or pleasure calls
him elsewhere,
why have him
ino a prism?
Partiality will
not be possible,
if the Judge, who is
bound with or
without
to disclose every who feels
any that can operate cause of partiality
that can operate
upon his mind
is bound either
to dismiss the
suitor to another
Court or to
the
or punished
that the suitors
may desire.
In such small distances The necessity of
giving a better stopping aside
at a neighbouring district, being
so fare can never not
be accounted
---page break---
Conflicts
I will venture
a prophecy.<p>
<p>No sooner are
the Committees
Magistrates installed
Courts established
if it should please
the Assembly to they should be
establish them installed
Should they indeed after all
be established, then
they will be all
together by the ears. Serpents'
teeth are those the
seed, on this lower-boundary fighting
Courts Judges and a
general of
fighting Courts
will be the harvest.
The Committees metaphysical
with their metaphysical boundary –
thrown up will rather invite dispute assault than check repel
it. They are
traced in sand:
the smallest puff
of contention will
obliterate them.
They oppose a are walls
of brass to convenience:
they are
more shadows
against chicane.
Convenience will
find their walls
of brass: doubt & chicane
will find their
shadows.
---page break---
Intercommunity, I
have already observed it,
is not in cases as that with
is necessary than
should be bound drawn-lines.
Were there none
the suitor plaintiff would not
know of what Judge
he might claim assistance
– the defendent
would not
know to what Judge
he was generally answerable.
The Judge Minister
of Justice would not know to
what he was
bound to render the
assistance service of the law
where his services
were due. Not man
would know how
far he might have
to go for justice:
no man could be
secure of finding
justice anywhere.
The committee themselves
have gone before
me in my
prophecy.
One of the functions
of their Supreme
Courts of Revision
Tit. X: art. 9. is to keep clearing
repairing those branches as
fast as the earth
crumbles, & to
quash the
that as overlap them.
---page break---
The boundary lines
once traced
It is nothing necessary less than
they should be rigorously
that confined
within them –
convenience was
the final cause
of tracing them:
the cause ceasing,
it the effect.
The influence
of this circumstance
has been thought
by some to be not
altogether imperceptible
certainly
if so it is not now
any otherwise than in
English Judicature.
if anything now remains
of it is nothing more than
a decent covered
by decorum, &
no otherwise perceptible
than in the qualities. that flow from it to which it gives birth.
I have a singularity
on this
head.
But Ravishing, the favourite
pastime of
English Judges, is
not in m catalogue
of sports.
Saving Rescuing the suitor
from the importance jurisdiction
of subjection a partial to a
suspected judge
who sees himself
exposed to the notion
of any cause of partiality
is not only
at liberty but bound either
to dismiss them to another
tribunal, or
to disclose to them
his situation asked
or unasked, that they the
party concerned may take his choice.
---page break---
The committee have
their remedy for this too.
If an inhabitant of Province
or does
not like his
Court has his
suspicion of a Judge
he has no nothing
to do than but to take a
walk to Paris:
there stands to the Supreme Court ready to receive him.
At the end of a After going through
a law-suit in all carried on
in due form its forms, he will
get or he will not
get a Judge that
he likes better: &
then the law-suit
which is to get
him what he wants
is at libert or to save
him from doing
what he has no
mind to do is
at liberty to begin.
Nullity, the
such operation instrument of fraud
as & chicane is not
admittance in into my in any inventory
code. Judgments
<add>
</add></del> are alterable or reversable
always
for injustice never
for irregularity.
If there be delinquency blame
I punish the author
of the mischief offence,
not the innocent
who suffers by it.
---page break---
Liberty they give
to the suitor will
give consolation to
the Judge. Neighbours
in jurisdiction judicature
will be rivals for
confidence: a sort
of perpetual but
decline will thus be
kept up, but that
a quiet one: &
the honour of a Judge
will be measured
as the profit of a
Shop-keeper by the
number of his customers.
Be this as it
may However
this be under
a decline of faculties
of more
than once afforded to
to the
of an irremoveable
Judge.
I care not by whenever
in what way
justice be done, is
what is done be justice.
I give In my system is
neither
punishment nor
dispensing power
nor vicarious punishment.
I give
no lawyer's clerk or to
no writing
a negative upon
the laws. I set
up in no cellar garret
nor in any garret
an office for selling
pardons. I know
all the pretences in
favour for of this traffic,
& I know them to be but . With me
---page break---
cause of rivalry with
good neighbourhood:
The probity in a Judge requires v
causes of a more powerful
nature, zeal
and exertion & and other may
have drawn profit
from this and the
subordinate qualities
of affability & good
temper may have
drawn profit from a circumstance like this
this source a profit
not altogether to be overlooked,
no inconsiderable assistance
One of the greatest
virtues of liberty
in all its shapes
are of the great virtues
is one to cost nothing: that
virtue does not leave
it here.
In the virtues of
all kinds, that
have so big
In the production
of those virtues
which have so
long adorned the
character of an
English Judge,
this cause circumstance
has been thought
and probably not
without its reason
to have had its
shares.
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Identifier: | JB/051/055/001 "JB/" can not be assigned to a declared number type with value 51.
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1-16, 1-10, 12, 13, 11, 11*, 14-17, 17a, 18-25 |
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051 |
evidence; procedure code |
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055 |
judges number contents |
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001 |
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marginal summary sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::l munn [britannia with shield motif]]] |
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benjamin constant |
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[[notes_public::"omit other side" [note in bentham's hand]]] |
16220 |
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