JB/010/055/001

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1821. Sept. 28
To Arguelles on Juries

Strung on to the principal judicatory filled by a
Judge or Judges, the appendicing judicatory filled by
a Jury is productive of good in a shape conducive
to the principal or positive ends of Judicature: it is productive of
evil in a shape opposite detrimental to the collateral ends of
judicature namely delay, vexation and expence.
The good or the evil is preponderant, according to
circumstances. Of course the object is to employ this
appendage where the good is preponderant, to put it
aside where the evil is preponderant.

Considered with reference to the direct end or ends of
judicature, the subsidiary or occasional judicatory termed called
a Jury is productive of good by giving encrease
to appropriate aptitude on the part of the judge in respect
of all its those several elements or branches.

1. In respect of moral aptitude. Considered with
reference to each causes or suits cause or suit taken separately individually, its
in many cases where by reason of deficiency in moral
aptitude the decision of Judge would be contrary opposite to the
direct and principal end or ends of Justice, and thence become
misdecision, it substitutes to th such wrong decision
a right one.

Considered in respect of general tendency without
reference to this or that any individual cause or suit, by
the means of the check or sense of dependence by which it oft
keeps opposed to it applies a to arbitrary power in the hands on the part of the
Judge, it has the effect of keeping his a candour
and endeavours and expectations in a state of de
arbitrary dependence.

Identifier: | JB/010/055/001 "JB/" can not be assigned to a declared number type with value 10.
Date_1	1821-09-28	Marginal Summary Numbering
Box	010	Main Headings
Folio number	055	Info in main headings field	to arguelles on juries
Image	001	Titles
Category	correspondence	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	c wilmott 1819
Marginals		Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public	see note to letter 2742, vol. 10	ID Number	3491
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