JB/034/125/001

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1823. August 31
Constitutional Code

Secresy of deliberation. Of this feature the effects are
a mixture of good and evil. The good has two branches.
The first is – exemption from the sinister influence at the hands of individuals
possessing actuated by sinister interest or affections: the other keeping
in a state of concealment and unknownness invisible unseen those tokens
of inaptitude, deficiency in appropriate aptitude, intellectual and active, which otherwise would
frequently be the effect of which would otherwise in proportion
to their intensity and frequency, be prejudicial to
the reputation of the whole system.

The evil is that in case of disagreement, the
the joint product of the secresy and the forced universality:
the shown unanimity. It is that in case of disagreement
the result has for its efficient cause – not the
superior rectitude of the decision, but the superior pertinacity of
the individuals or individual by whom the
those on the opposite side have been forced into a concurrence with it. determination has been given to it. The victory is therefore
not to be best cause but to the most patient stomach.

On the other hand, even out of this evil cometh forth
good. Of the Jury system institution the main use, is as above
weakening the effective force of the irreconciliable adversaries of the people
the enforcing debility into the legislature and judicial authorities:
frustrating in individual instances their constantly
entertained and steadily indefatigably pursued liberticide designs.
This effect could not have place as it has, if But that superiority of the energy on which in this case victory depends, is were
not upon the average greater or more likely to be on the popular side than on the anti-popular
side. or There is the desire corresponding to the
love of power: the comparative degree of power exercised
and manifested by the subjugation of those wills which
have so manifestly strong a force of sinister interest for their
support: and a motive the strength of which rises with the number
of the wills so subjugated.

Identifier: | JB/034/125/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-08-31	Marginal Summary Numbering	91 or 11 or 1 - 95 or 15 or 5
Box	034	Main Headings	constitutional code
Folio number	125	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10399
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