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<head>1825. May Nov. 4 J<lb/> | |||
Procedure Code. Cop<hi rend="superscript">d</hi></head> | |||
<note>Ch. XII. Judiciary <del><gap/></del> <add>collectively</add><lb/> | |||
§.4. Judicatories — their grades<lb/> | |||
Rationale</note> | |||
<p>1 1</p> | |||
<p>2. Why in every case<lb/> | |||
3. Why not more than two</p> | |||
<head>Rationale</head> | |||
<p>Question 1. Why in any case <del>allow</del> <add>employ</add> two grades of jurisdiction</p> | |||
<p>Answer, Reasons</p> | |||
<p>For the more effectually securing appropriate aptitude in<lb/> | |||
all its branches on the part of Judges</p> | |||
<p>1. In the first place moral aptitude: <gap/>ption from<lb/> | |||
corruption and undue favor</p> | |||
<p>Independently of <add>all securities</add> the <gap/> <add>and qualifications</add> of the Judge appealed to<lb/> | |||
<del><gap/></del> whatsoever be the <unclear>particular</unclear> design in question it is<lb/> | |||
at least twice as unlikely that two <del>should in not</del><lb/> | |||
should <unclear>concurr</unclear> <add>pursue</add> in it than that one should: especially<lb/> | |||
two who <add><gap/></add> have not any present communication one with<lb/> | |||
another.</p> | |||
<p>2. <del>For</del> At the outside of his career, the Judge <del>will be</del><lb/> | |||
Immediate will be an untried man 1 untried that is to<lb/> | |||
say in his situation of Judge principal, though by the<lb/> | |||
necessity of having previously served in the situation of<lb/> | |||
Judge Depute as per §.6. and the Judge Depute permanent<lb/> | |||
provision is here made for his <unclear>triedness</unclear> in business<lb/> | |||
of the same kind: whereas on the part of the Judge Appellate,<lb/> | |||
who <add>per the</add> can not have been placed in that situation<lb/> | |||
without <add>3</add> having passed through <add>that</add> of Judge Immediate, the<lb/> | |||
demonstration <add>trial</add> of <add>appropriate</add> aptitude in this branch as well as in the<lb/> | |||
several others can not but have been afforded <add>had place</add></p> | |||
<p><del>II</del> Appropriate intellectual aptitude: knowledge and<lb/> | |||
judgement included. Like encrease of the probability of appropriate<lb/> | |||
aptitude on the part of the <unclear>ultimate decrees</unclear> to<lb/> | |||
which <gap/> and effort come to be given</p> | |||
<p><del><gap/></del> Appropriate active aptitude. Like measures<lb/> | |||
of <unclear>All</unclear> their causes of encrease of aptitude the existence and<lb/> | |||
the influence being open to all <unclear>uses</unclear>, hence the probability not<lb/> | |||
only of actual <del><gap/></del> encreases of aptitude, but of a general persuasion of<lb/> | |||
<add>its</add><lb/> | |||
<note>its existence accompanied<lb/> | |||
on the part of the people<lb/> | |||
with correspondent confidence<lb/> | |||
in the judicial establishment<lb/> | |||
and sense of security in their<lb/> | |||
own <unclear>branch</unclear>.</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1825. May Nov. 4 J
Procedure Code. Copd
Ch. XII. Judiciary collectively
§.4. Judicatories — their grades
Rationale
1 1
2. Why in every case
3. Why not more than two
Rationale
Question 1. Why in any case allow employ two grades of jurisdiction
Answer, Reasons
For the more effectually securing appropriate aptitude in
all its branches on the part of Judges
1. In the first place moral aptitude: ption from
corruption and undue favor
Independently of all securities the and qualifications of the Judge appealed to
whatsoever be the particular design in question it is
at least twice as unlikely that two should in not
should concurr pursue in it than that one should: especially
two who have not any present communication one with
another.
2. For At the outside of his career, the Judge will be
Immediate will be an untried man 1 untried that is to
say in his situation of Judge principal, though by the
necessity of having previously served in the situation of
Judge Depute as per §.6. and the Judge Depute permanent
provision is here made for his triedness in business
of the same kind: whereas on the part of the Judge Appellate,
who per the can not have been placed in that situation
without 3 having passed through that of Judge Immediate, the
demonstration trial of appropriate aptitude in this branch as well as in the
several others can not but have been afforded had place
II Appropriate intellectual aptitude: knowledge and
judgement included. Like encrease of the probability of appropriate
aptitude on the part of the ultimate decrees to
which and effort come to be given
Appropriate active aptitude. Like measures
of All their causes of encrease of aptitude the existence and
the influence being open to all uses, hence the probability not
only of actual encreases of aptitude, but of a general persuasion of
its
its existence accompanied
on the part of the people
with correspondent confidence
in the judicial establishment
and sense of security in their
own branch.
Identifier: | JB/042/236/001"JB/" can not be assigned to a declared number type with value 42. |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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