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6 August 1805 2

Evidence Procedure

Procedure Removal
Ch. 1.


. For this as for offices there are degrees of fitness,
The fittest will naturally be, and at any rate ought to be, selected
for whatever part of the business (i.e. of the whole aggregate mass of judicial
business afforded by the aggregate business dominance of the state)
is regarded as most important. These clerical hands being thus
employed, it may fall unavoidably to other branches of the business
to be executed by inferior hands.

Supposing Courts of Appeal established, the persons selected
to sit in them in the capacity of Judges will naturally be
taken from the immediate Courts. What is desirable is, that they
should be such as, in all manner of ways taken together have
had occasion to display the greatest degree of fitness in the
course of their respective services in those inferior subordinate Courts. Such This
being manifestly the proper principle of selection, this will
of course be the declared principle of selection every where.
How far it in this or that state, this or that particular point
of time it comes actually to be embraced and acted upon,
and with what success it comes to be acted upon — these are
among the incidents which (the constitution of the government being
given) must will at all times depend on chance.

The seat of the Courts of Appeal will naturally be as it is naturally fit it should be in the
Metropolis of the state. I

It is fit that it should be for the following reasons —
1. It is in the metropolis that the best public may be expected
to be found. It is there that in the greatest number, individuals
belonging to the best-informed ranks or classes will naturally be to be found
2. If as will naturally be the case [the metropolis] the most populous
town in the dominance of the state, is be at the same time the seat of
the conduct of these Courts of least jurisdiction will thereby
exposed subject to the sovereign, and
of the state.

Identifier: | JB/057/105/001
"JB/" can not be assigned to a declared number type with value 57.



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evidence; procedure code

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[[info_in_main_headings_field::[evidence deleted] procedure]]





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d2 / e2


jeremy bentham




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