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1825. July 3
Procedure Code
Ch. Preface
§. Reason all in all
characteristic of this
Code
Reason all in all (1) Rudiments (1)
§§
Action of will maximized: of reason understanding minimized.
Action of reason maximized: of will, minimized.
By the first of these aphorisms is designated
the state of legislation drawn to the present time: by
the second the state of in which that process is here
established; and in which form henceforward it will
begin to be established: the first the wild & barbarian state:
the second the cultivated state
Optimus legislatur qui minimum Judic relinquit:
optimus Judex qui minimum sibi. So said
Lord Bacon: and so saying he was as right as to what in respect of
regards the needs as to the means he says nothing: now
writing when he did, that was perhaps the best thing he a better thing perhaps he could not have
could have said for the that therein the which
Law should have for his governess was at that time
but in his cradle
Wit Having for the government governing Judges no better instrument
better than general will — the Legislator will often then
be set for at nought. For by the particular will acting in
the breast of the Judge, his general will will be broken
through and frustrated. The Legislator is omnipresent
only in fiction only: the Judge the aggregate of Judges
in reality. The Legislator guided at one time by one law
la at another, sometimes may awake, sometimes asleep has operated
acts operates only fits and starts: the Judge, having being continually
awake and having before him nothing more than a particular
portion of the legislative field: by individual occurrences the eye of the Judge is at all
times called to every particular part of it
Identifier: | JB/057/257/001 "JB/" can not be assigned to a declared number type with value 57.
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procedure code rudiments |
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jeremy bentham |
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