JB/034/111/001

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1823 August 14
Constitutional Code

By the registration made of the on each case occasion of the
opinion of the Jury on the one hand and the opinion
of the Judge on the other, compared with the nature of the
case, and this parallelism continued on throughout the
current stream of time, a continually accumulating body information interesting in a variety
of ways interesting and useful will be secured: the progress
of intellectual aptitude intellect, as applied to matter of law and evidence will be marked by it.

The Judge will not as he would otherwise, partly by either without
effort, by the intellectual authority by influence attached to his situation, or
by fallacies and other artifices employed on purpose, have
it on the in his power to remove from his own shoulders
the just that would otherwise attach be brought
down upon him by an a perceptibly unjust decision.

On the other hand while in the direction one quarter, on account
of its dangerousness the influence of this Committee
of the Public Opinion Tribunal is here limited, in another
quarter, an enlargement thus of all danger is given
to it. From an opinion which is not obligatory, evil
can not in any part of the field be in any shape produced.
And in the situation of Judge if a check is necessary requisite or
useful in every part of the field he travels in so is it
in every other. Of this field, the controul exercised by
the Jury in the most extensive application that as yet has
been made of it, extends over no more than a part, nor
that the greater part. In matters causes perused where punishment
under the name of punishment is administered, the Judge
can set generally speaking without the concurrence of the a Jury in a cause in
which cognizance of the issue is given to a Jury cause to be inflicted a punishment
in a case in which it was not intended to be the intention of the legislator that it should be inflicted.
But

Identifier: | JB/034/111/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-08-14	Marginal Summary Numbering	5-7
Box	034	Main Headings	constitutional code
Folio number	111	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10385
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