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Shall a Jew draw an ox or an ass out of a pit
that day, and a Christian not draw a christian
out of prison. Answer me, O ye who are full of of much faith and little reason in whom bigotry supplies the place of reason.
5*
From the exclusive
adoption of the
geographical
principle of
demarcation
results the
principle or
maxim of universal competence.
6*
And as between
territory and
territory, the
principle of
preponderant
convenience.
I. Reasons &
necessity for
demarcation
4
II Geographical
principle the
natural one
III Artificial ones
all superfluous
IV Metaphysical
its inconveniences
V Pecuniary a
modification of
the metaphysical
– its peculiar
inconveniences
VI Satisf Extent
of the area of
jurisdiction &
seat of the Court
VII. Origin of the
metaphysical
VIII Origin of the
summary.
---page break---
Necessity
1
Demarcation necessary
– why
1. One Court has
not time for all
2. Saving travelling
charges. p.1*
2
Two principles
of demarcation
1. Geographical.
2. Metaphysical.
p.1*
3. Pecuniary an
appendage modification of the
metaphysical
3
The geographical
is necessary
1. to save travelling
charges
4
2. Not to deny justice
absolutely in
cases where there is
no time for travelling
to a distance.
5
It is the most perfect
that can be
desired leaving no
room for doubt
difficulty or mistake.
p.1*
---page break---
Metaph.
6
Metaphysical
except in the tribunals
of exception has
no advantages. p.2
7
Its disadvantages
1. Space in the law it takes
up to delineate. p.1.
8
2. Uncertainty that
attends the determination
– hence litigation
& more laws.
p.1
9
3. The theory of
competence being
thus made a
suitors are drawn
away from Courts
& into the arms of lawyers.
p.2.
10
4. The more sorts of
these tribunals of
exception there are
the fewer there will
be of a sort. Hence the
more extensive
there the territorial
extent of each &
the further the suitor
has to go for that
branch of justice.
11
Take a Department
of nine districts
divide the jurisdiction
metaphysically,
the suitors have the
area of a department
to traverse upon
every occasion –
divide it geographically
the area of a district.
---page break---
12
5. When the
metaphysical
area of jurisdiction
is too narrow to
fill up the whole
time of a Judge, or
set or Judges there
is so much time
paid for for nothing.
p.2
13
Pretended advantage
of the metaphysical.
The Judge understands
the business
the better.
Answer No such
thing – The Advocate
must understand
the whole – The
subject is bound
& supposed to understand
the whole.
Though this should
hold good under
Common Law,
it will not under
Statute. p.2.
England
There are several Numerous are
the contrivances
for denying justice
as well as
for causing justice
to fail, and the
English law has
not left unemployed
any one of them unemployed.
---page break---
Pecuniary
14
Pecuniary
principle of demarcation
– supposition
it grounds
itself upon.
15
Its has all disadvantages
in of the same metaphysical
with additional at
large in an
augmented degree.
16
In the use application that
has been made
by of it, it has
been made productive
of the effect of denying
excluding a great
many causes
from the benefit
of appeal
Importance
17
Origin of this
application, a
false notion of
the measure of
importance in
causes.
18
True measure
of importance
1. Multitude of
the persons concerned.
2. Ratio of the
same in question
to the income
of the man in question.
p.7.
---page break---
Importance
19
Reference to title of Appeal
for the process that
the occasions for appeal
are diminished
by the
of the same.
20
The standard measure assumed
is the reverse
of the true.
21
Causes of the adoption
of the false measures.
1. Rapacity of lawyers.
p.9.
22.
2. Prevalence of
aristocratical notions.
23
To the disdain of poor
men's causes we owe
in England the only
Courts which follow
the natural or domestic
system of procedure.
p.9.
Reasons for
24
Causes of the prevalence
of the metaphysical
principle
1. Simplicity is always
the last resort.
The difficulties attending
it were not apparent
at first sight.
p.17, 19.
25
2. The poert og
of the Barons under the
feudal law the Clergy
to uniformity.
p.17
26
The natural disposition
to put into
new hands new rights
created or discovered
rights & remedies where
the old ones were
so unpopular.
---page break---
Appeal
No cause ought
to be re
Qua
1
Smallness of value
is no sufficient
cause ground for refusing
to any cause the
benefit of appeal
Qua
2
Reasons that have
been alledged for
refusing it that
benefit.
1. Remedy Not worth the
expence.
Qua
3
Answer. That The
proper course to
take is to reduce
the expence by
striking off all the
artificial part.
Qua
4
As to the natural
& part
it may be left
to the option of the
party concerned,
proper measures
being taken for
preventing vexation.
Limits p.14, 15
Intercommunity – Uses
1. Supplying occasional with
an irreproachable
Judge, a Judge
rendered by accident
reproachable.
2. Favouring the
end of division
viz. vicinity.
3. Emulation.
26
Reference to Accomodation
offices
for examples
---page break---
Extent
27
Least Extent proper
for the area
of a Court.
1. As much as
contains inhabitants
enough
to find constant
occupation for
one Judge the
Court.
28
Greatest extent
of an area of
a Court of immediate
jurisdiction.
Space which a
man can traverse
and back again
in a day.
This is less
29
The reducing it
to this scantling
is less material
in the case of
an Appeal than
in that of an immediate
Court,
because non- attendance
is not
so necessary, being
supplied by written
instructions, accompanying
the Record. Appeals
p.8.
---page break---
Seat
30
Seat of the Court
1. Centrality.
2. Populousness
1. that the greatest
number of the people
may have the least
far to travel –
2. that it may
have the best public.
Tribunals of Exception –
main Reasons for
I, II Military &
Navy
1. Justiciables are liable
to be seat of the
of the ordinary Courts.
2. Punishment must
in many cases follow
instantly upon delinquency.
III Private Sea-Service
Justiciables out of
the reach of the
ordinary Courts
IV. Ecclesiastical
Courts
Peculiar sort of intelligence
necessary
V. Representative
bodies.
Instant punishment necessary
---page break---
1. Multitude of
Courts – thence
certain of balance.
2.
of Laws
3. Conflict of Jurisdiction
hence
uncertainty
4. Difficulty of
knowing what
Court to resort
to – hence measuring
lawyers.
Any man that
blacks then can
fall upon.
Limits
1. For divers It must be
carried
Multiplication
Judges must
be multiplied
till there are Judges
enough for all the
business that would
be brought before
them were there
ever so many.
For as of any
business were excluded
there would
be no saying what
a man might suffer
from the want of it.
To give a man rights
with one hand &
deny him remedy
is mockery. You cannot
draw the line
anywhere. You
can extend a single
right. If you exclude
any you
must exclude all
indiscriminately.
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5*, 6*, 1-26, 1-4, 27-30 |
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051 |
evidence; procedure code |
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060 |
demarcation brouillon contents |
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002 |
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marginal summary sheet |
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jeremy bentham |
[[watermarks::l munn [britannia with shield motif]]] |
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benjamin constant |
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