JB/042/411/001

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1824. July 13
Constitutional Code.

6

1o 2o
Ch. XII. Judiciary collectively
§. Melioration-suggestive function

Instruction to the Legislator

Art. 8. In the case of an exercise of the melioration-suggestive function post-litigationally
applied, a question will be apt to arise as to whether
the effect of the melioration shall be retroactive. In the case
of a penal law the answer will not be difficult: if by an
oversight on the part of the legislation a suffering which upon
reconsideration he would not amount to the imposition of s by
the letter of the law be made to fall in the act of falling upon an individual no
person would be embarrassed or scarcely would any person be disposed to object to its fall being
stopped. Very different By no means equally clear is the case in the field of the Civil
Code for in this part of the field of action legislation generally speaking in so far
as one of two parties is benefitted the other is burthened. Yet
neither in this case is the le need the legislator regard himself
as destitute of a rule by the observance of which he may in
every case save himself from the reproach of injustice. Let
the adjuviate take that
course in by the pursuance of which upon the whole the benefit produced will be greatest
the suffering least: or in a word that a few substractions made
the balance shall be on the side of benefit. But in this case
the effect upon in relation to third persons not parties to the suit, will
always be to be taken into account: in such sort that by the alleviation
their sense of security be not diminished.

taking into account moreover
the

be security as to possessing

Art. 9. To the Judge of an Appellate Judicatory, as no ordinary
application can be made, otherwise than by appeal from an
Immediate Judicatory, so neither can any by any individual
can any supposed melioration alteration be, as above submitted.
But, in view of as if as in his private capacity it rests
with him to propose any such amendment, so does it, in the
view of any case as brought before in his official capacity of Judge
Appellate, in view of the record.

Identifier: | JB/042/411/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-13	Marginal Summary Numbering	8-9
Box	042	Main Headings	constitutional code
Folio number	411	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13334
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