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1823. Sept. 10.
Constitutional Code
or 1.
To Judge of the effect
of the power of Juries,
consider
1. The nature and amplitude
of that power.
2. Their aptitude or inaptitude
for the exercising of it.
3. Their inaptitude established,
has it been of
use?
4. If yes, what have been
the causes of this usefulness?
or 2.
Answer.
1. Effects produced by the
introduction of this body
independent of aptitude
or inaptitude of it's members.
2. Their inaptitude as to
giving execution & effect
to laws in general: thence,
as to certain laws by
which, but for this inaptitude,
the extreme of
national misery could
have been produced.
or 4.
Mischief from the resistible
adversaries was
in part diminished by
those irresistible ones,
and in part by the original
power of resistance.
For
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or 4. contind.
For diminution of this
mischief, from the irresistible
adversaries,
the despotic power of
Juries afforded the sole
resource.
or 5.
While affording this resource
by this despotism,
they weaken the security
against the resistible
adversaries: but the security
they thus afford
against
boundless mischief from
the irresistible adversaries,
more than compensates.
or 6.
But that which, in a
Government having for
it's end, the diminution
of the happiness of the
greatest number, would
be partial good, would
be unmixt evil in one
which has for it's end,
the maximization of
do. happiness. It has no
need of being at any
such expence for purchasing
the accomplishment
of it's object.
Identifier: | JB/034/040/001 "JB/" can not be assigned to a declared number type with value 34.
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constitutional code |
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john flowerdew colls |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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