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<head>1825. <sic>Feb<hi rend="superscript">y</hi></sic>. 13<lb/>Procedure Code</head> <!-- page numbers in pencil --> <p>4<lb/><note><sic>Ch.</sic> General Rules</note><lb/>(1 <note>§.3. Inflexible <add>rigor</add> rules, none.</note></p> <p>§.3. Inflexible regulations none, as to 1. number of compensation or<lb/>punishment. 2. <gap/> for operations.</p> <p><note><lb/>16<lb/>Main caution no<lb/>inflexible rules</note></p> <p><sic>Art.</sic> Rule . For <gap/> evil the<lb/>main caution is — <del><gap/></del> In no case, on no occasion to<lb/>lay down inflexible rules: <!-- brackets in pencil -->[in particular inflexible rules<lb/>as to quantity.] rule <add>of</add> which on <del><gap/></del> any occasion the effect<lb/>will <add>may</add> be to prevent the minimization of evil in the under<gap/><lb/>case calling for <gap/> at the hands of the Judge</p> <!-- crossed our pencil line across the page --> <p><note>17<lb/>Arbitrary power<lb/>given to Judges by<lb/>non inflexibility of<lb/>rules counteracted<lb/>by securities</note></p> <p><sic>Art.</sic> The problem in this case is the<lb/> avoiding to place arbitrary power in the hands of the Judge<lb/>But the good thus sought is illusory. In the hands of a Judge<lb/>power in whatsoever degree arbitrary is no otherwise an<lb/>evil than in or for its effect is to produce evil in a<lb/>tangible shape to wit human suffering in the breasts of<lb/>individuals. But where an inflexible rule as to quantity<lb/>of any thing is hard drawn, the chance <del>of <gap/> <gap/></del> <add>against</add> of all<lb/> not producing evil in excess are as infinity to one</p> <!-- line in pencil across the page --> <p>☞ Postpone this <gap/> to <del.<gap/></del> another Section!</p> <p><sic>Art.</sic> Against abuse of power the only<lb/>effectual or efficient security is composed <add>that which is constitute</add> of responsibility <gap/>,<lb/><gap/> and <gap/> <del><gap/></del> response to by legal<lb/>and moral <add>as <gap/></add> In <sic>Const.</sic> Code <sic>Ch.</sic> V. §. Note on responsibility</p> <p>For the prevention of the abuse of power on the part of Judges<lb/>the <del>thing</del> appropriate place is accordingly — not <add>so much<a/dd. in the Procedure<lb/>Code but <add>as</add> in the Constitutional Code.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1825. Feby. 13
Procedure Code
4
Ch. General Rules
(1 §.3. Inflexible rigor rules, none.
§.3. Inflexible regulations none, as to 1. number of compensation or
punishment. 2. for operations.
16
Main caution no
inflexible rules
Art. Rule . For evil the
main caution is — In no case, on no occasion to
lay down inflexible rules: [in particular inflexible rules
as to quantity.] rule of which on any occasion the effect
will may be to prevent the minimization of evil in the under
case calling for at the hands of the Judge
17
Arbitrary power
given to Judges by
non inflexibility of
rules counteracted
by securities
Art. The problem in this case is the
avoiding to place arbitrary power in the hands of the Judge
But the good thus sought is illusory. In the hands of a Judge
power in whatsoever degree arbitrary is no otherwise an
evil than in or for its effect is to produce evil in a
tangible shape to wit human suffering in the breasts of
individuals. But where an inflexible rule as to quantity
of any thing is hard drawn, the chance of against of all
not producing evil in excess are as infinity to one
☞ Postpone this to <del. another Section!
Art. Against abuse of power the only
effectual or efficient security is composed that which is constitute of responsibility ,
and response to by legal
and moral as In Const. Code Ch. V. §. Note on responsibility
For the prevention of the abuse of power on the part of Judges
the thing appropriate place is accordingly — not so much<a/dd. in the Procedure
Code but <add>as in the Constitutional Code.
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