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G.B. 1827. Novr. 20 copied. 1826. March 12
Constitutional Code. 1. Logical field of Service nearly what in French denominated competence. 2. But signification of logical field of service more ample, since it comprises both person who and things which are subject matters of operation. 3. Judicatory field omnicomprehensive and territory. Reasons. 1. No one Judicatory of which the Judge, in giving effect to a just demand, may not find it necessary to give effect to it in the territory of any other judicatory. 4. Ends of justice, contravened by division of the logical field of service between Judicatory and Judicatory. 5. Sale argument in favour of a logical division is derived from the immoralityuniversality of the practice.
6. Existing system a labyrinth in which the mind is bewildered. 7. Omnicompetence necessary. II.5 Of the opposite exclusionary justificative cause, none. 8. Efficient cause, primæval barbarism. 9. Evil effects. 1. Expense. By the second independent expense doubled. 10. 2. Uncertainty and uncognoscibility. In every different sort of Judicatory, ways for coming at the truth different yet most apt way there can not be more than me. Underr every existing system all may be, no more than one can be, comparatively apt. Under the existing system, aberrations multitudinous and various. For each of them, to him by whom the existence of a justificative cause is alledged, it belongs to exhibit it.
11. Judicial division of the territory into districts and subdistricts. 12. Divers immediate Judicatories may be in one subdistrict. 13. Or divers subdistricts under one Immediate Judicatory. 14. In Election DIstricts and subdistricts, population the leading consideration.
XII. Judiciary Collectively. S.6. Fields of Service.
Principle 1. Principle of Judicial omnicompetence. Rule. By the logical Judicial field of service of each Judicatory field all-comprehensive. Principle 2. Principle of judicialubiquity. Rule. Be the local Judicial field of service of each Judiciary all comprehensive. — S] 1. Expositive. 1.2. SS 2. Omnicompetence 7.8.9.10..6.4.5. S2S3. Ubiquity. 3.
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marginal summary sheet |
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jeremy bentham; john flowerdew colls |
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