★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1829. April 26 27.
Petition.
Supplement.
§ 2. Elucidation
The case is – that, as between single-seatedness
and many-seatedness, subserviency to the main
ends of justice depends on circumstances: principally
on the degree of national civilization. That, in every
department of government, publicity is a security without
which all others will be ineffectual, is a proposition
altogether above dispute. But⊞ ⊞ what seems not to have been sufficiently considered is – that to the efficiency
of these severally it is this security that which a circumstance which not necessary is that the persons,
to whose cognizance the exercise given to the
power is subjected, should themselves be sharers
in it: on the contrary for another reason it is essential
that they should not: for, as the number
of such sharers increases, actual responsibility, and
with it the sum of responsibility diminishes: while from
increase in the number of sharers the force of that
check receives diminution: from increase in the
on the contrary as the number of observers who are not sharers it encreases that same responsibility receives
increase. In other words, while in the naturally
constituted Public Opinion tribunal, the number of
the seats cannot be too great, on the other hand in a legally constituted
judicial tribunal, so long as the number of seats in
the Public Opinion Tribunal opinion is to a certain
degree abundant, and well-informed, those by whom they are f occupied the number
of seats cannot be too small: number one
being in truth the only number defensible.
But where the Public Opinion Tribunal
either has no place, of fails of being, as above in
quantity or quality competent, many-seatedness –there, so it is that in
the a legal Tribunal many seatedness constitutes a succedaneum, how
so ever and inadequate, to a single-seated legal Tribunal
with a Public Opinion Tribunal to watch over it.
In the small, numerous, and local Judgeshires
which the Norman Conquest extinguished, and which
in principle are in and by the here-proposed system
revived, – the tutelary power of the Public Opinion possessed⊞ ⊞ the utmost degree of efficiency, which, while printing was unknown, and even writing, nay even reading rare, the state of society admitted of.
Instructive
Identifier: | JB/081/212/001 "JB/" can not be assigned to a declared number type with value 81.
|
|||
---|---|---|---|
1829-04-26 |
18-19, 22 |
||
081 |
petition for justice |
||
212 |
petition |
||
001 |
|||
copy/fair copy sheet |
1 |
||
recto |
c4 / d8 / e8 |
||
john flowerdew colls |
street & co |
||
antonio alcala galiano |
|||
25999 |
|||