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22< | <head>22</head> | ||
<head>8 Apr. 1802</head> | |||
<head>3</head> | |||
<head>Dispensing Power</head> | |||
<p><note>11 Criminality<lb/>Judges 2</note><lb/>He considers — and really not inaptly - what sort<lb/>of persons Judges are: if <del>he did not take a course</del><lb/>were it not for the bar — the physical <add>and <gap/></add> bar, he has<lb/>determined to oppose to them, they would defeat his protests<lb/> <add><gap/></add>. They have a sort of a prejudice about<lb/>them, which leads them<hi rend="superscript">+</hi> to obey the will of the legislature:<lb/> | |||
<note><hi rend="superscript">+</hi>to take for their<lb/><add>standard</add> measure of what<lb/><hi rend="underline">"may be proper"</hi></note> | |||
<lb/> and this will was what he had resolved <add>determined <del><gap/></del></add> to<lb/><add>should not be obeyed</add> <gap/> <gap/> <add>defeat</add>. They would not regard his reasons<lb/>these reasons of his: for if they did, <add>this part of</add> the mischief<lb/>he is so apprehensive of would not take place, and<lb/>the Panopticon would be robbed <add><add><gap/></add> deprived</add> by the Judges themselves<lb/> | |||
of one of the two parts of the population designed<lb/> | |||
<note><hi rend="superscript">+</hi>But he sees what<lb/>sort of people Judges<lb/>are: how obsequious<lb/>to the will of Parliament:<lb/> how regardless<lb/>of state law made<lb/>by the arbitrary power<lb/> of a Secretary of State.</note><lb/> | |||
for it by Parliament. He therefore determines<lb/> <gap/> and that constantly and necessary that<lb/><add>under his <gap/> <add><gap/></add> <gap/> the judicial power</add> the authority of these Magistrates shall share the<lb/>fate of that of <add>the legislature</add> Parliament.</p> | |||
<p><gap/> or <gap/><lb/>It was therefore necessary <add>to his purpose</add> that he should tie up<lb/>the hands of the Judges but that which does <add>I can not</add> not<lb/><note>This indescretion<lb/>in displaying the<lb/>contrarity of his<lb/>measure to that<lb/>which he <gap/><lb/>would be adopted by<lb/>the Judge.</note><lb/> | |||
<add>look upon as</add> seem necessary to that purpose is that he diverts thus<lb/>truth about it. I even think of <del><gap/></del> as purpose either<lb/>of the party or of the person that it could be necessary to<lb/>unless it be not of <del><gap/></del> making a distinct<lb/>display of the superiority of his <gap/> <gap/> wisdom<lb/>as well as of his <gap/> power, over the wisdom and power<lb/><note><hi rend="superscript">+</hi>principle is not quite<lb/>so brilliant in the<lb/>case of Parliament,<lb/>as in that of the<lb/>Judges.</note><lb/>of these <add>lawyers</add> instruments of Parliament. In my view of the<lb/>matter, this step in ambition's ladder would have been<lb/>an anticlimax: though to be sure as the expected <add>supposed</add> contrarity<lb/> of opinions was not <del>brought</del> so distinctly brought a view the<lb/></p><!-- The entire contents of this page have been crossed out. --> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
22 8 Apr. 1802 3 Dispensing Power
11 Criminality
Judges 2
He considers — and really not inaptly - what sort
of persons Judges are: if he did not take a course
were it not for the bar — the physical and bar, he has
determined to oppose to them, they would defeat his protests
. They have a sort of a prejudice about
them, which leads them+ to obey the will of the legislature:
+to take for their
standard measure of what
"may be proper"
and this will was what he had resolved determined to
should not be obeyed defeat. They would not regard his reasons
these reasons of his: for if they did, this part of the mischief
he is so apprehensive of would not take place, and
the Panopticon would be robbed <add> deprived</add> by the Judges themselves
of one of the two parts of the population designed
+But he sees what
sort of people Judges
are: how obsequious
to the will of Parliament:
how regardless
of state law made
by the arbitrary power
of a Secretary of State.
for it by Parliament. He therefore determines
and that constantly and necessary that
under his <add> the judicial power</add> the authority of these Magistrates shall share the
fate of that of the legislature Parliament.
or
It was therefore necessary to his purpose that he should tie up
the hands of the Judges but that which does I can not not
This indescretion
in displaying the
contrarity of his
measure to that
which he
would be adopted by
the Judge.
look upon as seem necessary to that purpose is that he diverts thus
truth about it. I even think of as purpose either
of the party or of the person that it could be necessary to
unless it be not of making a distinct
display of the superiority of his wisdom
as well as of his power, over the wisdom and power
+principle is not quite
so brilliant in the
case of Parliament,
as in that of the
Judges.
of these lawyers instruments of Parliament. In my view of the
matter, this step in ambition's ladder would have been
an anticlimax: though to be sure as the expected supposed contrarity
of opinions was not brought so distinctly brought a view the
Identifier: | JB/121/458/001"JB/" can not be assigned to a declared number type with value 121. |
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1802-04-08 |
Not numbered |
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121 |
Panopticon |
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458 |
Dispensing power |
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001 |
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Text sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
D3 / F22 |
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1800 |
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1800 |
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[[notes_public::Postpone or Omitt [note in Bentham's hand]]] |
001 |
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