JB/052/224/001

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1825. Feby. 13
Procedure Code

4
Ch. General Rules
(1 §.3. Inflexible regu rules, none.

§.3. Inflexible regulations none, as to 1. Number of compensation or
punishment. 2. Fines for operations.

16
Main caution no
inflexible rules

Art. Rule . For minimizing evil the
main caution is — In no case, on no occasion to
lay down inflexible rules: [in particular inflexible rules
as to quantity.] rule of which on any occasion the effect
will may be to prevent the minimization of evil in the individual
case calling for decision at the hands of the Judge

17
Arbitrary power
given to Judges by
non inflexibility of
rules counteracted
by securities

Art. The problem in this case is the
avoiding to place arbitrary power in the hands of the Judges
But the good thus sought is illusory. In the hands of a Judge
power in whatsoever degree arbitrary is no otherwise an
evil than in as far as its effect is to produce evil in a
tangible shape to wit human suffering in the breasts of
individuals. But where an inflexible rule as to quantity
of any thing is hard drawn, the chance of against of all
not producing evil in excess are as infinity to one

☞ Postpone this article to another Section!

Art. Against abuse of power the only
effectual or efficient security is one paid that which is constitute of responsibility substantial,
and responsibility legal
and moral as per See Const. Code Ch. V. §. Note on responsibility

For the prevention of the abuse of power on the part of Judges
the thing appropriate place is accordingly — not so much in the Procedure
Code but as in the Constitutional Code.

Identifier: | JB/052/224/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-13	Marginal Summary Numbering	16-17
Box	052	Main Headings	procedure code
Folio number	224	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16897
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