JB/034/108/001

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Ch XVI
§. 3 Functions

Question. In England, has the Law & in particular
the Constitutional Branch stands at present, would the
probability of good Justice Judicature be increased, by rendering
the decision of the Jury unobligatory as above proposed?

Answer. By no means.

Qu. How so?

A. 1. By reason of the situation of the Judge.
Under the proposed system, the security for his
appropriate moral aptitude may be stated as entire.

Under the existing English system, his inaptitude
corresponding and opposite to, appropriate moral aptitude
may be stated as being with reference to the widest & most
important part of his authority. To the whole extent of
that part of the field on which the interest of the monarch
is in a state of opposition to that of the people
added to the whole extent of that part on which the
aristocratical interest is in a state of opposition to that of
the people & the whole extent of that part on which the
interest of the Lawyer tribe, is in a state of opposition to
that of the people the interest of the English Judge is in
a state of opposition to that of the people.

To this sinister interest are added ample and
adequate means for giving effect to it.

Identifier: | JB/034/108/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1		Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	108	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	richard doane	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10382
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