JB/106/374/001

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1823 Feby 28. 47 48
Greece. J.B's Observations on particular Articles.
6.
16 5 7 Judiciary revised

In every Judicial District, there will, in
the most prosperous state of human nature, be but too
many who, being by the inaptitude opposite to appropriate
intellectual and appropriate active aptitude, laid
under an incapacity of giving adequate support to their
own cause, even on the supposition of the justice of it,
will not be at the same time laying under the inability
of finding, if ever, in sufficient time, an adequate
gratuitous advocate. For persons thus situated, there seems
an indispensable necessity of providing a pair of official
advocates, one for each side of the cause. Call the one
the pursuer's advocate general: call the other, the defender's
advocate general. On the part of The Judge, no degree of appropriate aptitude
in all its branches that in his place van be realized
or so much as imagined, can supersede altogether
the demand for assistance in those other shapes. In causes
of the simplest nature, yes: but in causes of a certain
degree of complexity, no: in this or that instance a necessity
will arise for such communication and such arrangement
of Documents as the time of the Judge could not
suffice for. Moreover, the inexorable and predetermined
impartiality of the Judge would scarcely be compatible with
the reception of that unrestrained confidence of which the case of
a party, how compleatly soever in the right, may occasionally
have need. By the single-seatedness of every Judicatory
as contrasted with the many-seatedness so generally
established — by this single-seatedness, combined with the
gratuitousness of the service rendered by deputies, room
will be left for a sufficient reconciling the allotment
of sufficient salaries to these two subsidiary functionaries,
with a reduction in the expence of the whole of the
establishment, as compared with that with which it
would be charged by hitherto-established usage. To these
two functionaries should also be given the power of
appointing unpaid deputies: neither in these situations,
any more than in that of Judge, is man exempt from
sickness. To the faculty of enlarging and contracting itself
as need requires, may be given the appellation of elasticity:
needful as is this quality, never till Bentham wrote did
any such conceptions as that planting it in the Judicial
Establishment enter into the head of any as yet known publish. Proper

Identifier: | JB/106/374/001 "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	374	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	c16 / c5 / c7 / f48
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34962
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