JB/034/140/001

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1823. Septr 3

Constitutional Code. III Rationale
Ch. Quasi Jury
3§ Explanatory Observation
§ . Adoptive features

2. A distinct but though less obvious mode in which Jury the part taken by a trial
is subservient to the purpose of applying a bridle to the power of the
8
Distinct though less
obvious additional
of check is - Judges obligation
to exhibit the grounds
of his precedings decision
and preliminary procedings
by apt explanations and
reasons.
1. If thus seen to be conformist, every
thing is as it should be:
2. in as far as an enforcable,
by absence as
inadequacy as abusive of reasons
he stands exposed: by
absence of do he stands
self- condemned
Judge is the obligation which consequence over formidable in this case this permanent functionary
finds himself under of ling open in before the eyes of the
put to the Jury and thence to the public such observations consideration
as any s at the same time to take a clear and casual view
of the nature of the case, and of the grounds of the decision
whatsoever it be which he determines himself to pronounce
in relation to it. In this state of things either his decision
is conformatable to the dictates of the justice: ot it is in some way
as either unconformable: in the first case every thing is as it should
be: in the other case, either he gives no adequate reasons
for in this case such in the supposition they can not be, or
he gives no reasons: in the first case he course he can not
take without exposing himself to a certainty more or less to public shame and
reproach,- in the other case by his silence where h
were any sufficient reasons in that idea to be found he sits as it were
self condemned.

49
Different in their form
simple publicity is
this positive obligation
to residen account rendering
obligation. To any extent Publicity may have place
to whom the account rendering
has not.

Distinct it is evident from the more publicity of the
proceedings is the feature thus stated as peculiar to Jury trial
For in the nature of the case as in other proceedings of clear suits so in Judication publicity of th proceedings is as
capable of having place without a Jury as with one. Accordingly
so in countries where Jury trial is established so has it
in judicatories in which no Jury is introduced as well as not hearings judicial in which
no such body the sort of half-tribunal in question of men are present although in some subsequentpreceeding
obj the succeeding settings in the course of the suit it will be or in proceeding
ones it has already been introduced called on for had adplace..

Witness the numerous
instances in which without
the account - rendering
the publicity has place
1. Judicatories without
Jury
2. In Judicatories Jury
-containing Judicatories
preliminary sittings and
stages without Jury

The a the grand effect of this where particularly is certain.

Identifier: | JB/034/140/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-03	Marginal Summary Numbering	48-49
Box	034	Main Headings	constitutional code
Folio number	140	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d14 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10414
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