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<p>1824. March 13<lb/> | |||
<head>Constitutional Code for Greece</head><note>Ch. XXIII Sublegislatures</note></p> | |||
<p>With regard to the <hi rend="underline">Non-penal</hi>, <add>that is to say the <hi rend="underline">Distributive</hi></add> commonly called<lb/> | |||
<hi rend="underline">Civil</hi> <add>with their respective systems of Procedure</add>, and <add>the</add> penal Code, as also <add>which regards</add> the Judiciary Establishment<lb/> | |||
in the present Code, it can scarcely be, but that,<lb/> | |||
will here and there an exception, if what is proposed<lb/> | |||
is good in relation to any one part of Greece, so <del><gap/></del> will<lb/> | |||
it be in relation to every other. But <del>wherever</del> <add>in legislation,</add> complication<lb/> | |||
<add>in so far as it</add> is not matter of absolute necessity, <del>it</del> is a<lb/> | |||
feature highly mischievous. The effect of it is – to train<lb/> | |||
up and strengthen a breed of professional lawyers: a<lb/> | |||
set of men, whose interest is in a state of irreconciliable<lb/> | |||
enmity to the interest of all besides. From complication<lb/> | |||
<del>comes</del> <add>come voluminousness,</add> obscurity, <del>and</del> uncertainty and litigation: and,<lb/> | |||
in so far as anything <del>is</del> <add>becomes</add> the subject of litigation, the<lb/> | |||
power is transferred from the hands of the <del>legislator</del> <add>Legislature</add> to those<lb/> | |||
of the Judge <add>Lawyer tribe</add>: from a set of men, whose interest, by the<lb/> | |||
<unclear>subjection</unclear> under which they are by the present Code placed<lb/> | |||
to the <del>subje</del> power of the people <del>is</del> <add>has been made it is hoped pretty nearly</add> the same with that<lb/> | |||
of the people, <del>at least</del> – <add>at least</add> so far as regards the avoidance<lb/> | |||
of uncertainty – to a set of men, whose interest it is<lb/> | |||
that as many points as possible remain <del>enveloped</del> <add>entangled</add> in<lb/> | |||
uncertainty <del><gap/></del> that they, – namely the professional lawyers<lb/> | |||
and the Judge, (whose interest and sympathy is under<lb/> | |||
all Codes as yet established the same as theirs may<lb/> | |||
have the profit of <del>disentangling it</del> <add>pretending to disentangle it. True it is</add> those Judges when once<lb/> | |||
introduced, not being taken from among the professionalist, will<lb/> | |||
have little interest or sympathy in common with them: but,<lb/> | |||
<del>for</del> till <del>the</del> <add>my</add> penal and civil codes are compleated, (if I should<lb/> | |||
live to compleat them) nowhere, except in Greece, and scarcely<lb/> | |||
perhaps even in Greece, would it be possible, to avoid taking them<lb/> | |||
in large proportion from the fraternity of <del><gap/></del> <add>professional</add> lawyers: for,<lb/> | |||
that species of vermin<lb/> | |||
can scarcely be altogether<lb/> | |||
without footing<lb/> | |||
even in Greece.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
1824. March 13
Constitutional Code for GreeceCh. XXIII Sublegislatures
With regard to the Non-penal, that is to say the Distributive commonly called
Civil with their respective systems of Procedure, and the penal Code, as also which regards the Judiciary Establishment
in the present Code, it can scarcely be, but that,
will here and there an exception, if what is proposed
is good in relation to any one part of Greece, so will
it be in relation to every other. But wherever in legislation, complication
in so far as it is not matter of absolute necessity, it is a
feature highly mischievous. The effect of it is – to train
up and strengthen a breed of professional lawyers: a
set of men, whose interest is in a state of irreconciliable
enmity to the interest of all besides. From complication
comes come voluminousness, obscurity, and uncertainty and litigation: and,
in so far as anything is becomes the subject of litigation, the
power is transferred from the hands of the legislator Legislature to those
of the Judge Lawyer tribe: from a set of men, whose interest, by the
subjection under which they are by the present Code placed
to the subje power of the people is has been made it is hoped pretty nearly the same with that
of the people, at least – at least so far as regards the avoidance
of uncertainty – to a set of men, whose interest it is
that as many points as possible remain enveloped entangled in
uncertainty that they, – namely the professional lawyers
and the Judge, (whose interest and sympathy is under
all Codes as yet established the same as theirs may
have the profit of disentangling it pretending to disentangle it. True it is those Judges when once
introduced, not being taken from among the professionalist, will
have little interest or sympathy in common with them: but,
for till the my penal and civil codes are compleated, (if I should
live to compleat them) nowhere, except in Greece, and scarcely
perhaps even in Greece, would it be possible, to avoid taking them
in large proportion from the fraternity of professional lawyers: for,
that species of vermin
can scarcely be altogether
without footing
even in Greece.
Identifier: | JB/034/301/001"JB/" can not be assigned to a declared number type with value 34. |
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constitutional code |
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301 |
constitutional code for greece |
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recto |
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jeremy bentham |
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