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Addenda
Tribunals of exception –
sheer necessity.
2
Committees Tribunals
of exception
3
Addition to Circuits.
4
Seat not more
than 1/2 a days
journey – Districts
will do.
5
Consequences drawn
from false notions
of importance.
1. Committing a
class of causes without
Appeal to an
inferior Judge.
2. Admitting summary
procedure.
Notices
sur le principle
demarcation
en fait de jurisdiction
---page break---
1
Causes which
concurr in rendering
the multiplication
of Courts necessary.
1. Length of time On the part of
the Judge – Time
requisite for hearing.
2. On the part
of the Suitor –
time and expence
consumed in travelling.
2
Time alone
necessitating only
multiplication
not dispersion.
11*
A country can
always afford as
many Courts as
Parishes.
Addenda
19(a)
This inconvenience
however would not
have place under
my plan. p.19
Notices
sur le nombre de
Juges a
dans meme
tribunal.
Il ne
l'.
A tribunal
un Juge.
---page break---
I. Geographical
1
Tribunals must
be multiplied.
p.1.
2
Reasons why –
1. on the part of
the Judge, time
2. on the the
Suitor, time &
expence the result
of distance.
3
The merely temporal
ground of multiplication may
exist without the
local. p.1.
4.
The local ground
of multiplication
requires dispersion
as well as multiplication.
Reasons why
1. to prevent constant
failure denial of
justice in some
causes: to pre
2. to prevent occasional
failure in
others. p.3.
5
The purpose in
view Dispersion
of tribunals would
but incompleatly
answer its purpose
without demarcation
of the limits of
their jurisdictions. p.5.
---page break---
Metaphysical Geographical
6
The purely local
ground of
demarcation may
exist too without
the temporal. p.7.
7
The local It
may be pursued
till the time
saved by it on
the part of the
suitor ceases
to be of greater
value than
the time of an
additional
Judge.
8
Where the temporal
ground of multiplication
has necessitated
Courts which
on the merely purely local
ground it would not
have been worthwhile
to institute,
intercommunity of
jurisdiction may
have place p.9 for other
reasons. p.9.
9
This may easily
happen in towns.
p.10
10
From the local
ground of multiplication
results the
geographical principle
of demarcation. p.11
11
Something is always
gained by carrying
on the multiplication
of courts upon
this principle; so
that geographical
boundary-lines
should always be
drawn, however
loosely they may
be observed. p.11
---page break---
Metaphysical
19
3. The mischiefs of complication.
p.19
20
4. The effect of which is
to throw the suitor necessarily
into the arms
of lawyers – contrary to
the declared intention of the Committee.
p.19.
20*
5. Distracting the attention of the
superior leading part of the
public.
21
They are attended with
no convenience.
1. None from any supposed
superior expertness
to be thus acquired
in particular branches. p.22
22
Though a particular
branch should suffice
to take fill up a Judge's
time, nothing is gained
by confining him to it.
p.23.
Pecuniary
23
The pecuniary principle
to the
possesses as in a superior
degree all the inconveniences
of the metaphysical
one. p.25.
24
Another mischief attending
it is its being connected
with false notions
respecting the
comparative importance
of different classes of
causes. p.27.
---page break---
Pecuniary
25
True measure of
importance:
1. the importance
of each cause to the
individual it concerns.
2. the number of
the individuals
thus concerned. p.27
26
Causes about small
sums instead of
being less importance than
causes about large
sums are of greater. p.29.
1. as bearing a
greater ratio to
the income of the
persons concerned.
p.31.
27
2. as concerning
a greater number
of persons. p.32.
28
How they came
to be regarded otherwise
– False
measures of importance
set up
by the legislator
and the lawyer.
p.33.
VI History
29.
Causes which concurred
in bringing
the metaphysical &
pecuniary principles
of demarcation
into use
1. Scramble for jurisdiction
2. Sale of offices
3. New masses of law to execute
4. Demand for summary justice.
---page break---
V. Circuits
30
Institution of Circuits
– a bad palliative to
the deficiency of Courts.
p.37.
Intercommunity
30*
Exceptions dictated
by various causes to
the rigid observance
of the boundary-lines
drawn by the geographical
principle.
1. Superior vicinity
of a neighbouring
Court. p.41.
31
2. Accidental unfitness
on the part
of the regular Judge.
p.42.
32
3. Exception where the
objection in the form
of unfitness is waived
on all sides. p.43.
33
3. Mutual or predominant
convenience
of the parties
on any account.
p.44.
34
4. Advantage resulting
from this
intercommunity in
the way of emulation.
p.45.
35
It is compassed without
any expence.
p.46.
---page break---
Intercommunity
36
The above exceptions
apply not to disprove
the propriety of the
geographical principle
nor the necessity
of pushing
it as far as it will
go, to the exclusion
of all others tribunals of exception. p.47.
Tribunals of Exception
37
Reasons for the
preservation of the
several tribunals of
exception following
viz:
1. Courts Marshal.
p.41.
38
Tribunals if any,
on board of private
vessels out at sea.
p.42
39
Ecclesiastical Courts.
p.43.
40
Tribunals existing
in the bosom of a
legalised Assembly
for the preservation
of good order therein.
p.44.
8
The advantage of going
to a greater distance
for publicity sets no
limits to the multiplication
or distribution
of tribunals. p.9
9
Expedients for reconciling
the interests of vicinity
and superior publicity.
10
1. Appeal.
2. Intercommunity of
jurisdiction as between
course of including included territories.
---page break---
Pecuniary – Importance
41
Practical distinctions
resulting from
the current notions
of importance viz:
1. Distinctions between
summary & regular
justice.
2. Distinctions respecting
appeal.
p.
42
Favour unintentionally
shown to
the most numerous
class in respect
of summary
justice.
Geographical
8
Greatest extent
which ought never
to be given to the
area of an immediate
Court – a
day's journey thither out
and home. p.9.
9
Why that of a
Court of Appeal
need not be confined
within those such
limits. p.10.
10
Down to this stage
in the division
the expences of the
judicial establishment
ought to be
defrayed in common
by the nation. p.11
11
A country may
always afford as many
Courts of Justice as it
has Parishes. p.
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Identifier: | JB/051/062/001 "JB/" can not be assigned to a declared number type with value 51.
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1-5, 1-2, 11*, 19a, 1-18, 11, 19-20, 20*, 23-40, 8-10, 41-42, 811 |
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051 |
evidence; procedure code |
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062 |
demarc. contents |
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001 |
addenda / geographical / metaphysical / pecuniary / circuits / intercommunity / tribunals of exception / pecuniary - importance |
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marginal summary sheet |
3 |
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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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16227 |
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