date

1823 Feb y. 28. Greece. J.B's Observations
1823 Feb y. 28.

Greece. J.B's Observations on particular Articles.

Judiciary resumed

In every Judicial District, there will, in the most prosperous state of human nature, be but too many who, being by the inaptitude opposite to appropriate intellectual and appropriate active aptitude, laid under an incapacity of giving adequate support to their own cause, even on the supposition of the justice of it, will be at the same time lying under the inability of finding, if ever, in sufficient time, an adequate gratuitous advocate. For persons thus situated, there seems an indispensable necessity of providing a pair of official advocates, one for each side of the cause. Call the one the pursuer's advocate general: call the other, the defender's advocate General. On the part of The Judge, no degree of appropriate aptitude in all its branches that in his place can be realized or so much as imagined, can supersede altogether the demand for assistance in those other shapes. In causes of the simplest nature, yes: but in causes of a certain degree of complexity, no: in this or that instance, a necessity will arise for such communication and such arrangement of Documents as the time of the Judge could not suffice for. Moreover, the inexorable and predetermined impartiality of the Judge would scarcely be compatible with the reception of that unrestrained confidence, of which the case of a party, how compleatly soever in the right, may occasionally have need. By the single-seatedness of every Judicatory as contrasted with the many-seatedness so generally established - by this single-seatedness, combined with the gratuitousness of the service rendered by deputies, room will be left for reconciling the allotment of sufficient salaries to these two subsidiary functionaries, with a reduction in the expence of the whole of the establishment, as compared with that with which it would be charged by hitherto-established usage. To these two functionaries should also be given the power of appointing unpaid deputies: neither in these situations, any more than in that of Judge, is man exempt from sickness. To the faculty of enlarging and contracting itself as need requires, may be given the appellation of elasticity: needful as is this quality, never till Bentham wrote did any such conception as that of planting it in the Judicial Establishment, enter into the head of any as yet known publicist.

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    Description: 1823 Feb y. 28.

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    But if there were a sort of man on whom a note of eminent untrustworthiness should be put for the instruction and guidance of a Jury, it should be the hireling advocate. When the man, impregnated to the very marrow with the practice of mendacity and the love of injustice, is raised to the Judicial Bench, an appropriate masquerade dress is put upon him, and the silly and deluded multitude behold in him justice personified. Oftener has the Black mare been rendered white by dipping, than the hireling advocate converted, by a seat on the Judicial Bench, into a lover of Justice. Every now and then in England, passes the following scene. Advocate or Judge to witness - Do you believe in the existence of a God? Witness to Judge - Yes - Judge, thereupon, to Advocate - Proceed with him, he is a good witness - Advocate or Judge to Witness - Do you believe in the existence of a God? - Witness - No: Judge - Out with him: his testimony is not receivable. Thus, then, if the Atheist will, to so indefensible a question, give a false answer, he is admitted: but, if his regard for truth be such that he will not give a false answer, he is held out as an object of reproach,- a man, to whose testimony no regard can safely be given, and, as such rejected. But to the man of habitual mendacity, any such man of conspicuously and painfully manifested veracity, is an object of the deepest hatred and vengeance; and, to gratify this malignant passion, he scruples not to make sacrifice of the injured party, whose misfortune it has been to have need of the testimony of this too veracious witness.
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    Greece. J.B's Observations on particular Articles

    Judicial Procedure

    In Judicature, where there is no publicity, there is no justice: no tolerably adequate security for the giving due execution and effect to the laws, whatsoever they may be. That justice should have been the object where the doors of a Judicatory have been kept regularly closed, is not possible. The object of the arrangement has been, the sacrifice of the universal interest of all men in the character of justiciables, to the particular and sinister interest either of the Judge, or of the despot whose creature and Instrument he is, or both together. Judicature has for its only right and proper ends, these: main and positive end, giving execution and effect to the Laws, whatsoever they may be: collateral and negative ends, avoidance of all needless delay, expence, and vexation in other shapes: all needless delay is injustice while it lasts.

    Judiciary resumed

    The class of persons in which it is desirable that Judges be chosen, is that of Judge-deputes, as above - viz. such by which, in the discharge of that function, the highest degree of appropriate aptitude, in its several branches, has been manifested: the class of persons in which it is desirable that Judges should not be chosen, is that of hireling advocates. In the breast of the hireling advocate, the chance of inaptitude, in that shape in which it is opposed to appropriate moral aptitude, is at its maximum: it amounts to a moral certainty. He lets himself out to hire indiscriminately to the party injured, or the injurer, to the guiltless man unjustly accused, or the malefactor, according as he happens to be retained: but it is uniformly on the side of the party in the wrong, that his predilection ranges itself. In the party who, being in the wrong, is conscious of his being so, he looks for his best Customer; and, in case of success: the more flagrantly his client is in the wrong, the more illustrious the triumph of his advocate: the more conspicuous the proof afforded of the union of appropriate active, with appropriate intellectual aptitude, with reference to the function of defeating the ends of Justice. Whatsoever falshood or insincerity in any other shape the advocate has occasion to defile himself with, the deluded public suffers him to scrape off from his own shoulders, and lay upon those of his client: his whole life is thereby a life of falshood and insincerity. Exclusions applied to the faculty of giving testimony, on the ground of moral inaptitude, are, if ever sincerely intended, a very foolishly devised instrument for avoidance of mendacity and thence of deception and injustice.

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    Greece. J.B's Observations on particular Articles

    Judicial Procedure

    In Judicature, where there is no publicity, there is no justice: no tolerably adequate security for the giving due execution and effect to the laws, whatsoever they may be. That justice should have been the object where the doors of a Judicatory have been kept regularly closed, is not possible. The object of the arrangement has been, the sacrifice of the universal interest of all men in the character of justiciables, to the particular and sinister interest - either of the Judge, or of the despot, whose creature and instrument he is, or both together. Judicature has for it's only right and proper ends, these: main and positive end, giving execution and effect to the Laws, whatsoever they may be: collateral and negative ends, avoidance of all needless delay, expence, and vexation in other shapes: all needless delay is injustice while it lasts.