JB/061/018/001

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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.

Identifier: | JB/061/018/001"JB/" can not be assigned to a declared number type with value 61.
Date_1	1827-12-28	Marginal Summary Numbering	46-48
Box	061	Main Headings	Law Amendment; Penal Code
Folio number	018	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D13 / E13
Penner		Watermarks	J WHATMAN TURKEY MILL 1827
Marginals	George Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1827
Notes public		ID Number	19707
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