JB/055/041/001

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1823. Decr 8
Constitutional Code or Procedure

2
II
Ch. Judicial Abuse obviated
(2 §.

6
Factitious the expence
attached by power: whether
by legislator or Judge:
taxing suitors for his
own benefit, or what
comes to the same thing
for that of his subordinates

Factitious expence is that which to the operation in question has been attached
by the act of men in power public functionaries: whether by the law that is
by the act of the legislator as such, or without law
that is by the act of Judges the imposing on the
people in the quality of suitors a tax for his own benefit,
a tax the profit of which he puts into his own pocket,
or what comes to the same thing, of his subordinates.

7
Justification. Labourer
desires his hire.
As in other cases so
in this why should
not the labourer set his
own price on his services
he best knows the value
of them.

In justification of a tax of the produce of which is
thus disposed of, the Judge it may be said is a labourer
and as he in this shape as in every other labour justice
requires that labour in so far as usefully employed
should receive its reward: and if labour so employed the
utility is above dispute, and if an other line of service
in general it is matter of right and even of necessity that
the labourer should be free to set his own price upon his
own service, how can it be why not also otherwise in this?

8.
Answer 1. In other hires
to every labourer there
are competitors, by
which whom the price he can
set is limited. Not so
here.

Here then should the legislator
set the limits.

The question is obvious: the answer not much
less so. In any other lines of service in general every
labourer has competitor or competitors: and b a proportion
as competition has place, excess and exorbitancy
are excluded. But in the sort of service performed by the and public
functionaries no such competition has place: no means of
keeping pay expence on one part profit on the other within any reasonable
bounds. In the one of their functions therefore as in that of
every other it belongs to the legislator to set the bounds, and not to
suffer them on any occasion or on any pretence to be exceeded.

Identifier: | JB/055/041/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-12-08	Marginal Summary Numbering	6-8
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	041	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D2 / E2
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17762
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