JB/034/132/001

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1823. August. 30

Constitutional Code Rationale
§ 3. Functionary
the whole paid/

Quietude 1. Why in the field of law under the authority of the
Quasi Jury coextinsic with that of the Judge.Question 1. Why, to the power of a Quasi Jury, give the
same all comprehensive extent over the field of law.
to that of the Judge, in respect of the species of causes.

. Quasi Jury
authority why co-extensive with
over the whole field of Law
1. The demand
1 If sufficient in every
one, so the every other.
2
2. True: in penali more
urgent than in civili

Answer. Reasons

1. Because if on any part of the filed of law a d sufficient
demand her plan for this institution her plan, so
has it in every other. True it is that in the penal disptinal 3
3. But man
the particular, no isspot
if deftion,
where a justifiable
time of separation
can be fixt.
If usefulpreponderantly very intend
no one can say where
its usefulness ceases.
especially the highest points of it those in which the
application is made of the highest punishment is appliedemployed the demand is much more
urgent than in the non-penal department generally considered.
But if in any part of as to the non-penal department, of in
any part of it th institution be preponderantly useful, it
rests with those who by whom that its title be all-comprehensiveness is th
-puted, to say at what point its utility causes: and this,
will, it is believed be found impossible

4
4. In every case
only distant found
for a Jury, has plan
viz. acting as check
on Judge. demand
for it in civil
any where, no one
can say where there is
none.

2. Wherein it be, toby whom the indi of a Jury as at pre
on the footing one which it stands at present in England, is an
object of approbation, if the question were put to him, on what
consideration that approbation has for its grounds, his answer
would probably be - the operating as it does, in the character
of a check and bridle and check to the power of the Judge.
But for a check this security against misdecision of this sort ther if the any sufficient demand
has place in any part of the field of non-penal department
of the field of law. to impeachable will be the task endeavour
to find any other part in which an equal demand has not
place.

Identifier: | JB/034/132/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-08-30	Marginal Summary Numbering	1-4
Box	034	Main Headings	constitutional code
Folio number	132	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
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	10406
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