★ 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
8 March 1807
3. As far as is consistent with practicability, physical and prudential,
the The will and mind of the legislator ought as far as is
to be in the habit of applying itself to the business of judicature:
i.e. to the taking the proper requisite necessary measures for maintaining the
aggregate body of judicial decisions in a state of conformity to
its own will.
Between the supreme legislator and the Judge in the first instance
every degree of jurisdiction interposed, is productive of attended with two mischiefs.
1. It increases the probable number of decisions liable to be
pronounced in disconformity to the will of the supreme legislator: i.e.
of misdecision uncorrected.
2. It is attended with an additional mass of collateral
inconvenience in the shape of delay, vexation and expence.
As far as concerns matter of law is concerned
5. The only proper arrangement, if it were practicable would
be that the legislator himself should in every instance be Judge:
Judge, even in the first instance, were it practicable: if not, then
Judge in the 2d instance.
6. In an empire such as the British, it is clearly impracticable
for the legislator to be in every its individual suit,
or even in any considerable number of suits to act as Judge in the first
instance.
7. It may perhaps be also impracticable for to be act as
Judge in the 2d instance in respect of the sitting to hear
arguments on both sides by the parties that is by their advocates,
to the on such terms as in each individual suit to bestow made of
a portion of his time commensurate to the calls that will thus be made
for it.
Identifier: | JB/106/152/001 "JB/" can not be assigned to a declared number type with value 106.
|
|||
---|---|---|---|
1807-03-08 |
8-12 |
||
106 |
scotch reform |
||
152 |
|||
001 |
|||
text sheet |
1 |
||
recto |
e3 |
||
jeremy bentham |
iping 1804 |
||
bernardino rivadavia |
|||
1804 |
|||
34740 |
|||