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1820 Sept. 26
Question 2. Subject of the 2d of the Dissertation 2d called for, Jury trial.
to you will be disappointed. Jury trial? You can not have
it: and if you could have it, it would not answer your
purpose. I mean until a Pannomion my Pannomion was
drawn up, and then and there the use of it would be greatly
less extensive than you would expect. Look at my
"Judicial Establishment" as above, you will see how narrow
in comparison of general opinion is the application than I
made of it. Till that compleat all comprehensive body of law is pre drawn
up and brought to view, there is but one feature in our established
English laws that can be of use to you, and that is
publicity in judicature: but of this by itself. More than
this you would not find practicable but of by this if universally established
and I see not why it should not be, the utility
security afforded to valuable possession in every shape would be prodigious.
As to Jury trial, to us, circumstanced as we are it
is beyond all price. Inadequate as it is it It is one of the few instruments of Security
that are left to us. Such as it is, it is the
work not of design but accident: it is the work of a barbarous
age and in every thing that belongs to it, the master of barbarism
are conspicuous in it. In the penal branch its is in
substracting from the efficiency of him that might not to have any.
In the non-penal branch it is the vile imposture: it does nothing is unfavourable to the
the direct end of judicature, rectitude of decision, it is unfavourable: and confronted
with
Identifier: | JB/013/033/001 "JB/" can not be assigned to a declared number type with value 13.
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rid yourselves of ultramaria |
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correspondence |
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jeremy bentham |
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