★ 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
2
Without power
of amotion, right
of election would
be inadequate
for the main purpose
which is that
of securing
popularity. p.1
3
Unpopularity
in a Judge a
worse property
than unfitness.
p.3.
4
There is less danger in trusting
them with
the power of
amotion than
with the right
of election. p.5.
5
Necessity of this
power to ensure
them against
suffering in their
reputation for
wisdom. p.7.
6
Such a power
could not be safely
lodged in any
other hands –
This one of the
great excellencies
of popular government.
p.9.
7.
The reason for
separating the
power of amotion displacing
from the right of
placing extends
not to be people.
p.11
---page break---
1
Connection between
the leading parts of
this plan. p.1
1. Popular election
2. Power of amotion
3. Permanence of Salary
notwithstanding
amotion.
4. Power of deputation
5. Patriotic Auction
2
1. Power of amotion
its uses.
1. to secure actual
popularity p.1.
3
2. against
unfitness. p.2
4
3. to secure the
people against suffering
in their reputation
for wisdom. p.3
Independance
There is one service,
& there is but
one, which
is "perfect
freedom":
it is the
service of
that ,
whose
view is
this arise
and that
the only
audible
one of Govt.
5 8
Better amotion the power
without election the right
than vice versâ
p.13.
Patronage every
thing to an individual
– nothing to the
people.
9
Specific grounds
for lodgme the provision
of this remedy,
as well in
the character of a
cure, as of a preventative. p.15
10
– The need there
is of it against
1. Improbity. p.17
---page break---
6
II. Separate advantage
of the power of amotion:
4. Is a preservative
against improbity.
p.3
7 12
5. against harshness
and ill-humour(a) p. 3
7(a)
Kenyon
8 11
6. against unfitness
through dotage.
p.8.
(a)
Mansfield
13
4 7. against harshness
the result of
self-satisfaction
to the disregard of
the opinion of the
people.
7. against unpopularity.
p.5.
Unpopularity, a
worse evil than
improbity – as the
sense of insecurity
is worse than danger.
II Permanence of
Salary – its advan uses
1. as a help to the
power of amotion
2. as a security
for the only proper
sort of independence.
3. as a help to the
patriotic auction.
4. as a security
for the indemnification
for the expence
of professional
education
5. as an antidote against aristocratical monopoly.
---page break---
10
III Permanence of
salary – its advantages.
1. Gives at
softness and efficacy
to the power
of amotion. p.7.
11
2. affords a necessary
help to
the Patriotic Auction.
p.7.
12
3. Secures that
sort of independence
which is a help
to probity. p.9.
viz: independence as against the spurious will of the people in contradistinction to
in the deliberate & genuine
will of the people
in contradistinction
to the momentary.
From paying his
salary instead
of one will be a
slight memento to
them.
His probity depends
upon their wisdom.
13
Independence in
a Judge a bad
quality except in
as far as it means
dependence on the
genuine will of the
people. p.15.
---page break---
14
Secures the
inducement necessary
to engage
a man to give
himself the education
necessary to
fit him for the
office. p.17.
15
Prevents the giving
to the more wealthy
a monopoly of
eligibility in
exclusion of the
less wealthy. p.14 13.
---page break---
16
III. Power of deputation
– its use as
a preservative against
unskilful choice
on the part of the
people. p.21.
They have a trial
at other peoples risk.
The new Judge is
gradually
to the business.
---page break---
17
Periodical election
with intervals
of exclusion
a bad succedaneum
to the power of a
motion.
1. It possesses no
advantage. p.43.
18
Its disadvantages.
1. It throws away
the benefit of experience.
p. 45, 3
Perpetual occasions
for extraordinary
intelligence
1. Application of
law to fact – logic –
2. Weighing & comparing
evidence requires
great knowledge
of the human
3 others are Judges
by nature no otherwise
than as taylors &c
4. The causes
come before the Judge
as such, are the
most difficult.
3. Displaying proceedings
so as to
show their rectitude.
Even A soldier
the more
for being a .
19
2. It takes away
the title to superior
confidence necessary
to support
the authority of
Judges of Appeal.
p. 49 – 7
20
3. It disturbs the
peace of the country
by party divisions.
p. 49 – 7.
---page break---
21
4. It hurts the morals
of the people
by promoting
calumnies. p.51
9 Constant Power of amotion
prevents them.
22
5. It tends to corrupt
the character of
the Judge by servility.
p.53 – 11
He must keep
face with party
leaders that they
may not rain
against him.
22(a)
6. and by private
connections. p. 55 – 13
23 25
Elections for life
produce no such
mischief. p.57 15
24 23
6 7 It favours
the monopoly of
the richer against
the poorer. p. 59 17
A man can not
at cultivate.
If this would do
salary would be
waste.
25 24
Though the French
mode of election prevents
much of the
mischief of the
English system it
does not all. p. 59 61 19
Power is
1. Bribery
2. Drunkenness
3. Canvassing
1. lying Not calumny nor
2. quarrels
Rather promotes
calumny as being
the resource.
---page break---
26
Periodical exclusion
is in no case eligible
neither with
nor without power of
amotion. p.63 21
27
Difference between
this case and those
where it is useful.
p. 63 – 21
In administration
1. Breaks confederacies
2. Spurs torpor
3. Weakens the corruption
of arbitrary
patronage.
Assistant or succedaneum to
publicity with
power of amotion
E. India House.
28
Contention and
dissensions likely
to be greater in this
election than others
p. 65 – 23
Interest &
more visible.
29
If you must have
periodical elections
the more frequent
the better. p.67 25
Annual ones being
virtually for life.
Except where regular quick
succession is the
object.
30
Reciprocal Subjection
a bad Succedaneum
to Simple
dependence. 69 2- 27
31
It is but a modification
of the principle of
division of power. p.127
---page break---
§ 1
Power of Amotion
§ 2
Permanence of
Salary notwithstanding
amotion
§ 3
Power of deputation
§ 4
Gradual system promotion
§ 5
Patriotic auction
§ 6
Impropriety of
periodical election
especially if with
intervals of exclusion.
§ 7
Constancy of attendance.
§ 8
Rank
§ 9
Pluralities forbidden
§ 10
Electioneering forbidden
§ 11
Oath
32
It amounts to nothing,
even in legislation,
where it is more plausible
than in judicature.
33
The arguments urged
in favour of periodical
election prove in favour
of power of amotion.
|
Identifier: | JB/051/071/001 "JB/" can not be assigned to a declared number type with value 51.
|
|||
|---|---|---|---|
|
2-7, 1, 8-10, 6-8, 8a, 10-31 |
|||
|
051 |
evidence; procedure code |
||
|
071 |
judges obs. contents |
||
|
001 |
|||
|
marginal summary sheet |
2 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::l munn [britannia with shield motif]]] |
||
|
benjamin constant |
|||
|
16236 |
|||