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'' | <pb/> | ||
<head><!-- in pencil -->13 69</head> | |||
<head><!-- in pencil -->Tit. II. B. & or Tit. XI. C.</head> | |||
<p><note><!-- in pencil -->High Court</note> extreme with ordinary business they call it frequently<lb/> | |||
and unnecessarily into exercise.</p> | |||
<p>But would you vest in the same hands the<lb/> | |||
functions of Judge and Prosecutor? can impartiality<lb/> | |||
be expected from such a Judge? In<lb/> | |||
individually speaking the same hands I do not<lb/> | |||
yet not at all for avoidance of partiality certainly;<lb/> | |||
but merely for distribution of tasks and for convenience.<lb/> | |||
The considerations which dictate the separation<lb/> | |||
of the <del>office</del> stations of Judge and Pursuer<lb/> | |||
in ordinary civil causes in causes between man<lb/> | |||
and man are as rational as they are obvious.<lb/> | |||
The right of judging <add>on the part of an individual</add> in one's own cause would be<lb/> | |||
as great an absurdity for there can be no greater<lb/> | |||
as the pretended right <add>and so much vaunted</add> of choosing one's own Judge.<lb/> | |||
But these considerations have nothing to do here<lb/> | |||
The individual who should sit as Judge on his<lb/> | |||
<add>claim</add> own claim of his own would equally have an<lb/> | |||
interest in giving effect to it whether it were just<lb/> | |||
or unjust. But the National Assembly can <add>not</add> have<lb/> | |||
no <add>any</add> interest to punish a Judge for prevarication<lb/> | |||
unless in fact he has prevaricated. Prevarication<lb/> | |||
in a Judge will be the judging contrary to that<lb/> | |||
which is thus declared will knowing it <add>so to be</add> to be so. <add><!-- in pencil -->What</add></p> | |||
<pb/> | |||
---page break---
13 69
Tit. II. B. & or Tit. XI. C.
High Court extreme with ordinary business they call it frequently
and unnecessarily into exercise.
But would you vest in the same hands the
functions of Judge and Prosecutor? can impartiality
be expected from such a Judge? In
individually speaking the same hands I do not
yet not at all for avoidance of partiality certainly;
but merely for distribution of tasks and for convenience.
The considerations which dictate the separation
of the office stations of Judge and Pursuer
in ordinary civil causes in causes between man
and man are as rational as they are obvious.
The right of judging on the part of an individual in one's own cause would be
as great an absurdity for there can be no greater
as the pretended right and so much vaunted of choosing one's own Judge.
But these considerations have nothing to do here
The individual who should sit as Judge on his
claim own claim of his own would equally have an
interest in giving effect to it whether it were just
or unjust. But the National Assembly can not have
no any interest to punish a Judge for prevarication
unless in fact he has prevaricated. Prevarication
in a Judge will be the judging contrary to that
which is thus declared will knowing it so to be to be so. What
---page break---
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Identifier: | JB/051/214/001"JB/" can not be assigned to a declared number type with value 51. |
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not numbered |
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051 |
evidence; procedure code |
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214 |
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001 |
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text sheet |
4 |
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recto |
d13 f69 / d14 f70 / d15 f71 / f72 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16379 |
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