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<p>1826. Dec<hi rend="superscript">r</hi> 12</p> | <p>1826. Dec<hi rend="superscript">r</hi> 12</p> | ||
Constitutional Code | <head>Constitutional Code</head> | ||
Ch. XII | <p>Ch. XII</p> | ||
S.5. Number | <p>S.5. Number</p> | ||
11. Employed | <p>11. Employed</p> | ||
Art.11. In no country | <p>Art.11. In no country<lb/> | ||
are there as many | are there as many<lb/> | ||
judicatories as the | judicatories as the<lb/> | ||
service requires. Of | service requires. Of<lb/> | ||
the money which rulers | the money which rulers<lb/> | ||
are willing to allot to | are willing to allot to<lb/> | ||
the service, the greatest | the service, the greatest<lb/> | ||
part is wasted upon | part is wasted upon<lb/> | ||
supernumerary Judges. | supernumerary Judges.</p> | ||
12. Employed | <p>12. Employed</p> | ||
Art.12. Only a still | <p>Art.12. Only a still<lb/> | ||
more abundantly operative | more abundantly operative<lb/> | ||
cause, is the operation | cause, is the operation<lb/> | ||
of in the | of in the<lb/> | ||
production of the denial | production of the denial<lb/> | ||
of justice, kept out | of justice, kept out<lb/> | ||
of the people's sight: | of the people's sight:<lb/> | ||
viz. by law taxes and | viz. by law taxes and<lb/> | ||
fees, official and professional. | fees, official and professional.</p> | ||
13. Employed | <p>13. Employed</p> | ||
— | —<lb/> | ||
Art 13. In each Judicatory | <p>Art 13. In each Judicatory<lb/> | ||
delay is increased | delay is increased<lb/> | ||
by the addition of the | by the addition of the<lb/> | ||
second judge. Increase | second judge. Increase<lb/> | ||
proportioned to the part | proportioned to the part<lb/> | ||
which, if honest, he takes | which, if honest, he takes<lb/> | ||
in the business: | in the business:</p> | ||
1. By time, occupied in | <p>1. By time, occupied in<lb/> | ||
making up his own | making up his own<lb/> | ||
mind. | mind.</p> | ||
2. In discussing the | <p>2. In discussing the<lb/> | ||
matter with the superior. | matter with the superior.</p> | ||
— | —<lb/> | ||
14. Employed | <p>14. Employed</p> | ||
Art 14. If by corruption | <p>Art 14. If by corruption<lb/> | ||
or sympathy or antipathy | or sympathy or antipathy<lb/> | ||
either has a sinister | either has a sinister<lb/> | ||
interest, which | interest, which<lb/> | ||
is promoted by delay, | is promoted by delay,<lb/> | ||
he may produce it | he may produce it<lb/> | ||
without scandal, by | without scandal, by<lb/> | ||
pretending doubts, and | pretending doubts, and<lb/> | ||
while promoting this | while promoting this<lb/> | ||
sinister interest, acquire | sinister interest, acquire<lb/> | ||
the reputation | the reputation<lb/> | ||
of extraordinary moral | of extraordinary moral<lb/> | ||
aptitude on the score | aptitude on the score<lb/> | ||
of extra anxiety to | of extra anxiety to<lb/> | ||
judge right. | judge right.</p> | ||
—<pb/> | —<lb/><pb/> | ||
Ch. X.II | <p>Ch. X.II</p> | ||
Instructional & Gallici | <p>Instructional & Gallici</p> | ||
S.5. Number | <p>S.5. Number</p> | ||
15. | <p>15.</p> | ||
Art.15 With these principles | <p>Art.15 With these principles<lb/> | ||
compare the French | compare the French<lb/> | ||
and English practice. | and English practice.</p> | ||
In French practice, errors | <p>In French practice, errors<lb/> | ||
in principle, consisting | in principle, consisting<lb/> | ||
in applications. | in applications.</p> | ||
16. | <p>16.</p> | ||
Art 16. In English, principle | <p>Art 16. In English, principle<lb/> | ||
none: inconsistency, | none: inconsistency,<lb/> | ||
consummate. | consummate.</p> | ||
17. | <p><!-- In pencil -->VI.3.</p> | ||
Art 17. In French practice, | <p>17.</p> | ||
the principle assumed | <p>Art 17. In French practice,<lb/> | ||
is probability of | the principle assumed,<lb/> | ||
justice is in the direct | is probability of<lb/> | ||
justice is in the direct<lb/> | |||
judges in each Judicatory. | ratio of the number of<lb/> | ||
18. | judges in each Judicatory.</p> | ||
Art 18. Causes of this error. | <p><!-- In pencil -->VI.4</p> | ||
1. The real use of a Colleague | <p>18.</p> | ||
to the first chosen | <p>Art 18. Causes of this error.</p> | ||
Judge, to serve as | <p>1. The real use of a Colleague<lb/> | ||
a check before the existence | to the first chosen<lb/> | ||
of a Public Opinion | Judge, to serve as<lb/> | ||
Tribunal, capable | a check before the existence<lb/> | ||
of serving as a check. | of a Public Opinion<lb/> | ||
19. | Tribunal, capable<lb/> | ||
Art 19.2. The practice of | of serving as a check.</p> | ||
selling judicial offices | <p><!-- In pencil -->VI.5</p> | ||
to raise money for monarch's | <p>19.</p> | ||
use | <p>Art 19.2. The practice of<lb/> | ||
indemnifying themselves | selling judicial offices<lb/> | ||
by taxing suitors. | to raise money for monarch's<lb/> | ||
By this practice was | use: the judges<lb/> | ||
produced authority | indemnifying themselves <lb/> | ||
by taxing suitors.</p> | |||
<p>By this practice was<lb/> | |||
produced authority begotten<lb/> | |||
prejudice in favour <lb/> | |||
of multiplicity.</p> | |||
1826. Decr 12
Constitutional Code
Ch. XII
S.5. Number
11. Employed
Art.11. In no country
are there as many
judicatories as the
service requires. Of
the money which rulers
are willing to allot to
the service, the greatest
part is wasted upon
supernumerary Judges.
12. Employed
Art.12. Only a still
more abundantly operative
cause, is the operation
of in the
production of the denial
of justice, kept out
of the people's sight:
viz. by law taxes and
fees, official and professional.
13. Employed
—
Art 13. In each Judicatory
delay is increased
by the addition of the
second judge. Increase
proportioned to the part
which, if honest, he takes
in the business:
1. By time, occupied in
making up his own
mind.
2. In discussing the
matter with the superior.
—
14. Employed
Art 14. If by corruption
or sympathy or antipathy
either has a sinister
interest, which
is promoted by delay,
he may produce it
without scandal, by
pretending doubts, and
while promoting this
sinister interest, acquire
the reputation
of extraordinary moral
aptitude on the score
of extra anxiety to
judge right.
—
---page break---
Ch. X.II
Instructional & Gallici
S.5. Number
15.
Art.15 With these principles
compare the French
and English practice.
In French practice, errors
in principle, consisting
in applications.
16.
Art 16. In English, principle
none: inconsistency,
consummate.
VI.3.
17.
Art 17. In French practice,
the principle assumed,
is probability of
justice is in the direct
ratio of the number of
judges in each Judicatory.
VI.4
18.
Art 18. Causes of this error.
1. The real use of a Colleague
to the first chosen
Judge, to serve as
a check before the existence
of a Public Opinion
Tribunal, capable
of serving as a check.
VI.5
19.
Art 19.2. The practice of
selling judicial offices
to raise money for monarch's
use: the judges
indemnifying themselves
by taxing suitors.
By this practice was
produced authority begotten
prejudice in favour
of multiplicity.
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[[notes_public::"relates to judges only: not to minister" [note in bentham's hand]]] |
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