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Judicial Estab.
Judges – Number
As to the former we have seen how little it amounts
to. As to the other, what there is of reason
of it results from the almost universal prevalency
of the secret discipline, and is relative to
that only. That the division of power may have
served and in some degree to have checked improbity
and mitigated despotism in this department is seems
probable enough not to be denied. But how? only by introducing its tendency to throw introduce
upon the proceedings now and then a sort of faint glimmering now and then
of publicity. Division of power while secrecy remains
invisible has no more stronger tendency to produce
probity than indivision: aristocracy is
found altogether as adverse to probity and good
conduct as unbridled monarchy. But confederacy
among the wicked bears on its bosom the
seeds of disagreement dissatisfaction: even honest
diversity of sentiment has the same tendency,
is pregnant with the same consequences: disagreement
breaks out breaks out occasionally is apt to break out into mutual
censure and appeals to the world at large:
and the very apprehension of such a disclosure an eclat
contributes in some degree to check improbity.
What does this prove? not that division of power
in this department is salutary but that publicity
in this as in every other is so. Securing by much
more surer income the salutary effect, we may then
reject the unsalutary and accidental cause.
Identifier: | JB/051/386/004 "JB/" can not be assigned to a declared number type with value 51.
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23-25 |
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051 |
evidence; procedure code |
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386 |
judicial estab. judges number |
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004 |
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text sheet |
4 |
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recto |
f27 / f28 / f29 / f30 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16551 |
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