JB/034/058/001

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1823. Sept. 10
Constitutional Code

126.
☞ Marginals here
III. Feature in Jury, good.
In Quasi Jury, bad.
Introduction.
Stated already, aptitude
relative only.
So far as laws are bad,
aptitude in Jury trial
for giving effect to them,
a bad feature: aptitude
for preventing the effect,
good.
Anglicé Constitution regarding
laws can not
but be bad. See Rationale
to the 5. Constitutive.

127.
So far as the law gives the
ruling few the power of
preserving and encreasing
the sinister sacrifice,
whatever contributes
to weaken the efficiency
of them is useful. This
does in that quarter the
absolute over possessed
by the Jury over the result
of the suit.

128.
So as to Judges. Were the
law, as to it's most important
branch, conducive
to greatest happiness,
&c. the apter the
Judges for giving effect
to it the better: in the
opposite case, the worse.
But Anglicé, the law
is adverse to greatest
happiness: it has for it's
object and effect, sacrifice
of greatest number's
happiness to do. of
the makers and those in
league with them.

129.
Anglicé, under Legislative,
Judges have themselves
been makers of
Common Law: they have
therefore, for their own
benefit, made it as
predatory

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129 contind.
predatory and oppressive
as possible. Making it
impossible for men to
know the rule of action,
that from not knowing
it, they may transgress
it, and for transgressing,
be prosecuted and punished.

130.
Thus Anglicé, nine
tenths outlawed: Hibernicé,
still more:
Anglicé, moral sanction
affords some
to legal; Hibernicé,
not.

131.
If this is not corruption,
nothing is.

132.
In the worst system of
law, some power can
not but be productive
of some benefit; witness
those, by which protection
is afforded agst
private injuries by
resistible adversaries:
so far, whatever sends to
diminish the effect, is
proportionably mischievous.

133.
Not so, in so far as it
has for it's object or effect,
the encrease of the
sinister sacrifice: whatever
diminishes this
sinister effect is beneficial.

134.
A certain degree of insecurity
against all adversaries
may be of
use, if while it encreases
depredation and
oppression, by resistible
adversaries,

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134. contind.
adversaries, it saves
men from still greater
by irresistible ones.

135.
Such, by reason of the
inaptitude of Jurors,
is the effect of the part
they have in judicature.

136.
But of no such expensive
remedy is there
any need. The Quasi
Jury System gives a
more effectual remedy,
without any of
this expence.

Identifier: | JB/034/058/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-10	Marginal Summary Numbering	126-136
Box	034	Main Headings	constitutional code
Folio number	058	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d16
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10332
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