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§ <del>3</del>9<add>Judges</add> Elementary functions<lb/> | § <del>3</del>9<add>Judges</add> Elementary functions<lb/> | ||
Imperative universatized only<lb/> | Imperative universatized only<lb/> | ||
Conciliation Courts</note><lb/> | |||
<p><gap/> Almost fit perhaps (these be <gap/>) to <hi rend="underline">stand</hi></p> | <p><gap/> Almost fit perhaps (these be <gap/>) to <hi rend="underline">stand</hi></p> | ||
<p>Ratiocination</p> | |||
<p>Arts Objection answered. The imperative is here<lb/> | |||
stated as function common to all Judges <add>leading principles if to</add>. The | stated as function common to all Judges <add>leading principles if to</add>. The <sic>Concilation</sic> <note>1<lb/> | ||
Objection - imperative<lb/> | Objection - imperative<lb/> | ||
function stated on necessarily<lb/> | function stated on necessarily<lb/> | ||
| Line 29: | Line 29: | ||
the following <gap/> Table affords a practical demonstration. Admitting<lb/> | the following <gap/> Table affords a practical demonstration. Admitting<lb/> | ||
what can not but be admitted that for a large portion of<lb/> | what can not but be admitted that for a large portion of<lb/> | ||
the field of law and procedure, the imperative function must <gap/><lb/> | the field of law and procedure, the imperative function must unavoidably<lb/> | ||
be given to the Judge in <add>even</add> the first enquiry, and that in<lb/> | |||
these Danish Judicatories and all the Judicatories derived from<lb/> | |||
then the <unclear>epiculer</unclear> decree given by the Judicatory is not <add>of itself</add> conclusive<lb/> | |||
but leaves the door open to an application to an ordinary Judicatory<lb/> | |||
in which the imperative function is added to the not - still<lb/> | |||
why not mutate an arrangement the usefulness of which has been<lb/> | |||
to the general satisfaction of <gap/> nature been so adequately<lb/> | |||
demonstrated by expression? and accordingly why not employ it<lb/> | |||
in so far as employment has been in that case given to it?</p> | |||
<note>2<lb/> | |||
Answer By proposed system<lb/> | |||
all the good done by<lb/> | |||
conciliatory courts will be<lb/> | |||
done & a great deal more<lb/> | |||
which they could not do</note><lb/> | |||
<p>Answer. <add>By</add>The Judiciary system as here deluded with<lb/> | |||
the imperative function attached in every case to the other exercised<lb/> | |||
by the Judge will be done all the good which can ever here<lb/> | |||
been done by one of them conciliation Judicatures: and <unclear>increase</unclear><lb/> | |||
a great deal which <unclear>conditioned</unclear> as they <gap/> it <del><gap/> <gap/></del> has ever<lb/> | |||
been possible for them to do</p> | |||
<p>In the first place comes the list of those suits <add>to</add> what it<lb/> | |||
was found unable to give termination. <del>The number</del> <unclear>Comparative</unclear><lb/> | |||
with those to <del><gap/></del> what it did for termination <del>th<gap/></del> small it is<lb/> | |||
true were they in number: but in comparative <add>respect of the aggregate<add>even relative had to the pecuniary circumstances of the parties</add></add>, there is no saying<lb/> | |||
how great may have been the ratio of the small number <add>minimals</add> to whom<lb/> | |||
it was in that.</p> | |||
<p>When without expence <add>a chance for justice</add> a chance were it ever so faint<lb/> | |||
was seen to be obtainable no ground of complaint so <unclear>frivolous</unclear> as not to<lb/> | |||
<unclear>point</unclear> the claimant to the spot where without any expence but that of men, <add>and</add> <note>and without any part of the <lb/> | |||
vast load of expence, delay<lb/> | |||
and vexation which in<lb/> | |||
all other instances they <add>use</add> see<lb/> | |||
manufactured for the rate<lb/> | |||
of the profit this same chance<lb/> | |||
this view obtainable.</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. July Aug. 22
These pages I think
laid aside
A.M.
Constitutional Code.
Ch. XII Judicatory collectively
S. Function command to all
§ 39Judges Elementary functions
Imperative universatized only
Conciliation Courts
Almost fit perhaps (these be ) to stand
Ratiocination
Arts Objection answered. The imperative is here
stated as function common to all Judges leading principles if to. The Concilation 1
Objection - imperative
function stated on necessarily
common to all Judges - why
more necessary than in
Danish conciliatory court
Court Judicatory invented in Denmark quietly applauded, in has been adopted
and employed in various other political states: in particular
in France by Bonaparte's Codes. This Of its beneficial effects
the following Table affords a practical demonstration. Admitting
what can not but be admitted that for a large portion of
the field of law and procedure, the imperative function must unavoidably
be given to the Judge in even the first enquiry, and that in
these Danish Judicatories and all the Judicatories derived from
then the epiculer decree given by the Judicatory is not of itself conclusive
but leaves the door open to an application to an ordinary Judicatory
in which the imperative function is added to the not - still
why not mutate an arrangement the usefulness of which has been
to the general satisfaction of nature been so adequately
demonstrated by expression? and accordingly why not employ it
in so far as employment has been in that case given to it?
2
Answer By proposed system
all the good done by
conciliatory courts will be
done & a great deal more
which they could not do
Answer. ByThe Judiciary system as here deluded with
the imperative function attached in every case to the other exercised
by the Judge will be done all the good which can ever here
been done by one of them conciliation Judicatures: and increase
a great deal which conditioned as they it has ever
been possible for them to do
In the first place comes the list of those suits to what it
was found unable to give termination. The number Comparative
with those to what it did for termination th small it is
true were they in number: but in comparative respect of the aggregate<add>even relative had to the pecuniary circumstances of the parties</add>, there is no saying
how great may have been the ratio of the small number minimals to whom
it was in that.
When without expence a chance for justice a chance were it ever so faint
was seen to be obtainable no ground of complaint so frivolous as not to
point the claimant to the spot where without any expence but that of men, and and without any part of the
vast load of expence, delay
and vexation which in
all other instances they use see
manufactured for the rate
of the profit this same chance
this view obtainable.
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