JB/034/138/001

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1823. Septr. 3

Constitutional Code.

Such, according to the concisest indication that can be given
of them, are the features of the here proposed Quasi-Jury System, compared
with the established, and so generally extensively and indiscriminatingly lauded Jury system. In regard to some of these their features
the qualities apt and unapt of aptitude and inaptitude respectively ascribed to them may be thought
sufficiently proved by the bare statement above made of them:
in other instances a few words of explanation may be thought
to have their use.

1. Adopted feature. First as to those features which being found already existing
in the Jury system, found disentangled from the rest, and approved
have accordingly in consequence been adopted into the quasi Jury system:
Jury adopted features.

Of the Jury system the characteristic excellence is expressible
in one attribute – namely the operating with more or less force
in the character of a bridle on the otherwise arbitrary power attached to the
situation of professional and permanent Judge.

This off The power by which this effect is produced is
partly that of the popular or moral sanction as brought into exercise
by the Public Opinion Tribunal: partly that of the legal political
including the legal sanction: namely in this case giving to this
Committee of the Public Opinion Tribunal on particular certain occasions a share more or less
considerable in the power exercised on all occasions by the only
sort of functi judicial functionary to whom which the appellation of Judge
is attached.

As to the power of the popular or moral sanction it
is capable of being applied to the case subject in question without having
any share of legal power associated with it in the above or any
other shape.

Identifier: | JB/034/138/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-03	Marginal Summary Numbering	39-42
Box	034	Main Headings	constitutional code
Folio number	138	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d12 / 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	10412
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