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1823. Novr.
Constitutional Code.
This
In Bonaparte's Code, the idea of conciliation is brought
to view. To one of his judicatures, the function of conciliation
is professed to be attached: namely that of the Justice of Peace
though under the title as denominated no intention of any such
function is to be found. Litigation is a bad thing practice: impositions
and you check it. Reconciliation is a good thing: benevolent
function: how are a Judges a Minister of Justice has an
be employed than in the exercise of it.
Sources and of delusion both these observations: devices employed
by lawyercraft to blind the multitude and reconcile them
to depredation and oppression. Of the expression notion that
litigation is beneficially repressed by taxes the delusiveness
has been exposed elsewhere.
A judicator an instrument of Reconciliation indeed? Suppose the parties disposed to it.
In the breasts of the parties suppose any such thing as a disposition
towards the desirable state of things there mentioned, no
need have they of the power of a Judge: of he who seems
invites the adverse party to a meeting for this purpose
in the presence of a Judge might as well give
to propose a meeting without any such oppressor than
person, and with as much time for it as they can
mutually desire agree in desiring: if a third person must be added
better if possible common friend, or if the such an arbiter
can not be obtained a stranger to both parties.
Of such a meeting the alledged use is to receive from the Judge an opinion –
the result But the of an exercise of the his function. The party
who is by it does not acquiesce in it: why should
he? what inducement or to do ? : if to
decree the Judge in this as in other cases could
and subjoin a correspondent imperative decree. But he was had
he that power, the Judicator
would not be the one in
in question. It would not
in a Reconciliation Court:
it would be an ordinary Court of Justice.
Identifier: | JB/054/200/001 "JB/" can not be assigned to a declared number type with value 54.
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1823-11 |
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054 |
constitutional code; procedure code |
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200 |
constitutional code bonaparte |
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001 |
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text sheet |
1 |
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recto |
d8 / e1? |
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jeremy bentham |
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17719 |
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