JB/058/199/001

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June 1805
Evidence

§. 1. Original Formation of the System of procedure, as how it fell every where into the hands
of the Judges.
§.1. Existing systems of procedure framed framed gradually by the Judge, and without settled rules.

In all governments In the early ages of all political states, judicature has preceded
legislature: legislature experience; considerable supposes experience, judicature little or none.
Not but that of legislature as to such and such particular points, traces
may be found in the earliest stages of political society. But in
speaking of priority as between judicature in general the abstract and legislature
in general, the one and the same precision requires
that they be considered both alike with reference to the same whole field of
human action, taken together: it is in this way of considering
the subject and no other, that the priority of judicature will appear
beyond dispute. From the first, and whether as yet there existed
any such thing as a law or a real law – or an article of statute
law – or as there must have been as in every political community
a person or set of persons acting in the character of a Judge or Judges
for without judicature or government can not be any such thing as political
for where there is no without fixed judicature there is no fixed government. But until
different tribunals have been established with different powers, a Judge
who is so far any one thing, is so far every thing: the one thing
is that disputes be settled: and the demand for that
settlement equally exists is the same in whatever quarter of the field of action
the dispute happens to arise.

Identifier: | JB/058/199/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06	Marginal Summary Numbering	1
Box	058	Main Headings	evidence
Folio number	199	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18868
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