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<head>1827. <sic>Dec<hi rend="superscript">r.</hi></sic> 28<lb/>Law Amendment.</head> <p><note>Propositions<lb/> | <head>1827. <sic>Dec<hi rend="superscript">r.</hi></sic> 28<lb/>Law Amendment.</head> <p><note>Propositions<lb/>Beginning: or<lb/>Judiciary</note></p> <p><add>(Judges <hi rend="underline">reputation</hi> for aptitude <unclear>cognizant</unclear> and judicial interests against amendments</add></p> <p><note>46<lb/>Judges reputation<lb/>for aptitude interested<lb/>against amendments</note></p> <p><add>Under the existing System</add> Not only in respect of money, but also in respect of<lb/>power and in respect of reputation is it the interest — the decided<lb/>interest of the <add>highest class of</add> Judges that the rule of action shall be<lb/>at once as unapt, as <sic>uncognizable,</sic> and as <del>ill</del><lb/>unaptly expressed as possible. <add>In respect of its nature</add> Apt or unapt, and if<lb/>unapt, whether at a higher or a <del>low</del> <add>lower</add> degree unapt else<lb/>their interest that it should be <del><gap/></del> <unclear>unbearable</unclear> and to<lb/>this and that it should be as unaptly expressed as possible.</p> <p><note>47<lb/>Self serving power<lb/>possessed by Judges under<lb/>existing system</note></p> <p>In so far as it is <unclear>nature</unclear> each Judge is on each individual<lb/>occasion has it in his power to give execution and effect<lb/>to his own individual will by whatever consideration <gap/><lb/>and thus by <add>thence by</add> his own sinister <del>interest <gap/> <gap/> <gap/></del> <add>pecuniary self regard</add><lb/>sympathetic or <gap/> interest, his own <unclear>experience</unclear> has no<lb/>purpose. So much as to power. Now as to reputation.</p> <p><note>48<lb/>As to reputation Judges<lb/><del><sic>falshood</sic></del> <add>mendacity</add> & inaptitude<lb/>would be exposed<lb/>by amendment</note></p> <p>If for the substantive law a set <add>list</add> of actions grounded<lb/><lb/>in the greatest happiness principle grounded in appropriate and<lb/>adequate reasons were in every bodys hands and thence in<lb/>every bodys mind <add>head</add>, with a <add>that sort of</add> language <del><gap/></del> appositely<lb/>suited and indispensable necessary to the giving expression to<lb/>their enactments and their reasons, the mass of abundant<lb/>mischievous matter with which he has been all his life arming<lb/>himself would be virtually <add>in <gap/></add> eliminated — the basis<lb/>of whatever reputation he has of intellectual — of <del>ju</del> cognizant<lb/>and judicial aptitude taken from under him. The fictitious<lb/>enactment with which he had shared his memory would<lb/>have been substituted the real enactments of the Code: to him<lb/>technical reasons — <add>all</add> with scarce an exception masses of <add><sic>falshood</sic></add> absurdity<lb/><del><gap/></del> false in <unclear>assistance</unclear> or absurd in reasoning would <add>will</add> have been substituted<lb/>natural reason driven from the practice of the greatest happiness<lb/>reaped as now the results and retribution as often as his mind is<lb/>opened for the dialogue <add><gap/></add> of one of these technical tropes: to this respect<lb/><sic>preponderable</sic> contempt would then be substituted.</p> | ||
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1827. Decr. 28
Law Amendment.
Propositions
Beginning: or
Judiciary
(Judges reputation for aptitude cognizant and judicial interests against amendments
46
Judges reputation
for aptitude interested
against amendments
Under the existing System Not only in respect of money, but also in respect of
power and in respect of reputation is it the interest — the decided
interest of the highest class of Judges that the rule of action shall be
at once as unapt, as uncognizable, and as ill
unaptly expressed as possible. In respect of its nature Apt or unapt, and if
unapt, whether at a higher or a low lower degree unapt else
their interest that it should be unbearable and to
this and that it should be as unaptly expressed as possible.
47
Self serving power
possessed by Judges under
existing system
In so far as it is nature each Judge is on each individual
occasion has it in his power to give execution and effect
to his own individual will by whatever consideration
and thus by thence by his own sinister interest pecuniary self regard
sympathetic or interest, his own experience has no
purpose. So much as to power. Now as to reputation.
48
As to reputation Judges
falshood mendacity & inaptitude
would be exposed
by amendment
If for the substantive law a set list of actions grounded
in the greatest happiness principle grounded in appropriate and
adequate reasons were in every bodys hands and thence in
every bodys mind head, with a that sort of language appositely
suited and indispensable necessary to the giving expression to
their enactments and their reasons, the mass of abundant
mischievous matter with which he has been all his life arming
himself would be virtually in eliminated — the basis
of whatever reputation he has of intellectual — of ju cognizant
and judicial aptitude taken from under him. The fictitious
enactment with which he had shared his memory would
have been substituted the real enactments of the Code: to him
technical reasons — all with scarce an exception masses of falshood absurdity
false in assistance or absurd in reasoning would will have been substituted
natural reason driven from the practice of the greatest happiness
reaped as now the results and retribution as often as his mind is
opened for the dialogue of one of these technical tropes: to this respect
preponderable contempt would then be substituted.
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Identifier: | JB/061/018/001"JB/" can not be assigned to a declared number type with value 61. |
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1827-12-28 |
46-48 |
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061 |
Law Amendment; Penal Code |
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018 |
Law Amendment |
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001 |
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Text sheet |
1 |
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recto |
D13 / E13 |
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J WHATMAN TURKEY MILL 1827 |
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Jonathan Blenman |
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1827 |
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19707 |
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