JB/106/370/001

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1823. Feby. 28.
Greece. J.B's Observations on particular Articles

As In judicature, where there is no publicity, there
is no justice: no tolerably adequate security for the giving due execution
and effect to the laws, whatsoever they may be. That justice
should have been the object where the doors of a judicatory
have been kept regularly closed, is not possible. The object
of the arrangement has been, the sacrifice of the universal
interest of all men in the character of justiciables, to the particular and sinister
interest either of the Judge, or of the despot whose creature
and Instrument he is, or both together. Judicature has for
its only right and proper ends, these: main and positive end, giving execution
and effect to the Laws, whatsoever they may be: collateral
and negative ends, avoidance of all needless delay, expence, and vexation
in other shapes: all needless delay is injustice while it lasts.

The class of persons of whom in which it is desirable that
Judges be chosen, is that of Judge-deputes, as above – viz. such
by which, in the discharge of that function, the highest degree
of appropriate aptitude, in its several branches, has been manifested:
the class of persons in which it is desirable that
Judges should not be chosen, is that of hireling advocates.
In the breast of the hireling advocate, the chance of inaptitude,
in that shape in which it is opposed to appropriate moral
aptitude, is at its maximum: it amounts to a moral certainty.
He lets himself out to hire indiscriminately to the
party injured, or the injurer, to the guiltless man unjustly
accused, or the malefactor, according as he happens to be
retained: but his it is uniformly on the side of the party in
the wrong, that his predilection ranges itself. In the party who,
being in the wrong, is conscious of his being so, he looks
for his best customer; and, in case of success; the more
flagrantly his client is in the wrong, the more illustrious
the triumph of his advocate: the more conspicuous the
proof afforded of the union of appropriate active, with
appropriate intellectual aptitude, with a reference to the
function of defeating the ends of justice. Whatsoever falshood
or insincerity in any other shape the advocate has
occasion to defile himself with, he the deluded public suffers him to scrapes off from
his own shoulders, and lay upon those of his client:
his whole life is thereby a life of falshood and insincerity.
Exclusions from applied to the faculty of giving testimony, on the ground
or moral inaptitude, are, if ever sincerely intended, a very
foolishly devised instrument for avoidance of mendacity and thence of deception & injustice.
But

Identifier: | JB/106/370/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1823-02-28	Marginal Summary Numbering
Box	106	Main Headings	constitutional code
Folio number	370	Info in main headings field	greece. jb's observations on particular articles
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c12 / c5 / c3 / f44
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"copy this paragraphy and add it to judicial procedure" [note in bentham's hand]]]	ID Number	34958
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