JB/106/162/001

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7 May 1807
Judicial Injustice

In regard to judicature, the most perfect state of things
the most desirable with a view to the well-fare of the community
and happily a state of things not at all unsusceptible of realization,
is at the same time the simplest in all conception: it will therefore
serve as a standard an object of comparison as well as a standard of rectitude
to be whatever the several imperfect state of things there may be compared
and by means of which they may be their very nature may be explained
and rendered more intelligible than they could be otherwise.

In this most perfect, and most easily conceivable state of things, The rule of action is in all its branches, the expressly
declared will of the person or persons possessing the supreme
power or at any rate the legislative branch of the supreme
power in the state: this declared will

This declared will, how well perfectly or how imperfectly soever
conducive to the well-fare of the community taken in the aggregate, must so long to
all practical purposes, so long as that obedience is paid manifested
by which in which the supreme power is constituted depends as in its official cause, be taken for the
standard of rectitude.

The rule of action or sta being thus declared – the
standard of rectitude fixt, the function of the supreme
judicial power or supreme judicature consists in the issuing
of such particular orders to or commands as are necessary
to the causing the actions conduct of the several members of the community in
the character of subjects to be as conformable as it can be kept on all occasions in a no as near as is possible to a state of perfect conformity
to the standard of rectitude.

The executive power has two branches: 1. That which
regards the members of the community in question and
considered as capable of being in a state of occasional disobedience to those commands
more general commands of the legislature: and that which regards
the members and especially the governing members of foreign communities, considered as being or liable to become friends of enemies.

All three powers occasionally
exercised by the same hands
in despotic governments.
Emperor of Morocco issuing
commands, perceiving them
disobeyed, and cutting off
with his own hands the
heads of the disobedient.
So in England, in a civil
war. Charles 1. fighting.

Identifier: | JB/106/162/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-05-07	Marginal Summary Numbering	4-8
Box	106	Main Headings	scotch reform
Folio number	162	Info in main headings field	judicial injustice
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34750
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