JB/034/165/001

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1823 Sept. 10

Constitutional Code

121. Rationale
Explanaty observations
I. Adopted functions

9 or 5
Reason for withholding
from Quasi Jury the decisive
power of a Jury -
in Judges moral
inaptitude is checked
more affectually then
it is in Juries or will
be in Quasi Juries:
and in intellectual and
active aptitude, more
could the miscellaneous
and unexperienced many
complete with the select
and experienced few

The reason of withholding from a Quasi-Jury the power possessed
by a Jury is this - Under the proposed judicial system, the pre
prevalence of sinister influence of causes of inaptitude interest in the breastminds of the Judges, is opposed counteracted
by checks much more efficient it is believed than any which
have been or can be opposed to it in the breasts of Jury men: who
namely in the first place sinister interest - the great cause of moral
inaptitude in the case situation of Judges: in the next place, deficiency relative and comparative
deficiency in respect of intellectual inaptitude:: a branch of inaptitude which
in the nature of the case must always appropriate aptitude in
which it is not in the nature of the case that those ephemeral functionaries
should in general be able to compete with Judges.

—
Superseded?

10 or 6
As to the virtual negation
possessed by Juries,
here, the laws being the
work of the delegates of
the whole people, any
negative in the hands of
a miscellaneous few would
be worse than useless.

Of the system of judicial procedure and the judicial estate
belonging to it the end in view is maximizing the probability
of rectitude of decision, and thereby of for the purpose of giving
maximizing the execution and effect given to the substantive branch of the body of
the law: for giving fulfilment to this end, the Judges in the situation
in which they are placed by the above presented arrangements, ched
now by is the guard under
which their probity is
placed as they protected as they are from the seductive influence of
as they are sinister influence by preponderant con inducements,
may it is believed be depended upon, a better grounds than any
on which reliance could reasonably be placed in the case of any
multitudinous and miscellaneous body as an adequate number
of men in the situation of J Jury men couldwould improve.

Identifier: | JB/034/165/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-10	Marginal Summary Numbering	9 or 5 - 10 or 6
Box	034	Main Headings	constitutional code
Folio number	165	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b2 / c2 / d2
Penner	jeremy bentham	Watermarks	c wilmott 1819
Marginals	jeremy bentham	Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	10439
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