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1823. August 14
Constitutional Code
Embarassment of Challenges saved Rationale
Preparatory or Preliminary Observations
The design in the use here made of a Jury the design
is not to that is to say to a random sample taken at random of
the promiscuous multitude the design is not to invest confer a
set men so circumstanced an arbitrary power over the every
thing that is valuable to their fellow countrymen, but to add
to the power effective force of the other checks applied to the situation power
of Judge. On the part of such an assemblage if invested with arbitrary no one
element of appropriate aptitude in any degree above the lowest
could reasonably be depended upon: in so far as it is a
in on a Judge, in so far as upon any person invested with
so long as the eye of the Public Opinion Tribunal is kept steady for upon dependence may be placed.
Accordingly they are not merely authorized but invited
and urged to take cognizance of every matter that comes
before them, and wheresoever in whatsoever occasion there or whatsoever
account they feel disposed, whether for the purpose of assistance
to to the understanding or of controul to the upon the will of the Judge, to give
expression – collectively and understandably to their sentiments.
But this opinion their that sentiment that is to say under the disguise and name of opinion
is not made the obligatory in the Judge – it is not made decisive
of the fate of the cause.
By this means instead of being placed on themselves
in which sensibility to the force of the arbitrary sanction is at its maximum
too lowly situated to be depended upon for being duly sensible
to the purpose of it the responsibility is left to press with
all its little less than weight upon their shoulders in which that tutelary
sensibility is at its maximum.
By
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constitutional code |
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preparatory or preliminary observations |
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jeremy bentham |
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