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JB/013/023/001

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1820 Sept 20

In answer to Mora

Jury — In my draft of a Judicial Establishment if you ever
look at it, you will be surprised to see how narrow the use is
that I make of the Jury Box. On that topic I see the work contains
no reasons: before it got that length the critical part
stopped. My sense of the importance of that institution and in
consequence my attachment to it are not less strong than anybody's
but being grounded on reasoning and not on prejudice
is discriminated. It is for example to this, and to this alone, that
England is indebted to the sort of Liberty of the Press, which she
possesses: a continual precarious Liberty in fact, but in Law no
more Liberty than in alloweed: for the Liberty of the Press depends
on Libel Law and Libel Law is in a state of Common Law alias
unwritten Law alias Imaginary Law alias Sham Law alias
Judge-made Law, as we say Home-made Bread and Town-made
Cutlery were: and Judge-made Law is the will of the Judge:
and the will of the Judge is the will of the King, who by certain
tools instruments of his called Money, Power and factitious Dignity makes
upon every occasion such wills as he has occasion for.

Accordingly in some cases But the complication
delay, vexation and expence inseperable from it, make it a very
commodious instrument, a remedy much worse than the disease
in by far the greater number of causes individually
taken, if I remember right I did not employ it in any sort of civil
i.e. non penal cause, nor even in penal causes, except in such
in which the punishment rose to a certain magnitude. In
England the great use of Jury Trial in penal cases is to destroy
or weaken the effect of the penal Law where there ought to be
no such penal Law. Thus in the case of Political Libel it is
good as far as it operates in Libel Law. But why is it good?
only because there should be no such Libel Law: in the United States there is not such
States there is no such Libel Law



Identifier: | JB/013/023/001
"JB/" can not be assigned to a declared number type with value 13.

Date_1

1820-09-20

Marginal Summary Numbering

Box

013

Main Headings

rid yourselves of ultramaria

Folio number

023

Info in main headings field

in answer to mora

Image

001

Titles

Category

correspondence

Number of Pages

1

Recto/Verso

recto

Page Numbering

c1

Penner

richard doane

Watermarks

[[watermarks::[fleur de lys] i&m 1818]]

Marginals

Paper Producer

arthur wellesley, duke of wellington

Corrections

jeremy bentham

Paper Produced in Year

1818

Notes public

ID Number

4472

Box Contents

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