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1823. August 27
Constitutional CodeCh. Quasi Jury
§. Discarded features
Quere whether to employ this sheet?
Yes. To undo what legislators and lawyers have
done – this in England is the great use of Juries.
Death
When a punishment in a shape unapt for any
reason – punishment in a shape which gives consummation to
the machinations of self censure injustice and takes from simple error the possibility of correcting itself is to such a degree established in the favour
of lawyers and legislators and lawyers as be lavished
upon every peccadillo.
Where the death is being lavished upon every peccadillo a
a mode of punishment distinguished from all others of which it is the characteristic that in
cases or death the only punishment which when misapplied renders reparation
a po impossible, anarchy which under another system of law would
be unmixt evil takes the character of good and affords the
only relief which the nature of the disease admitts of.
Where there is no tyranny has no entrance the demand
for anarchy has no place.
Question 1. Why not give to the Quasi-Jury any definitive
negative over that of the Immediate Judicatory Judge – either in civil or in penal cases.
Answer. Public Opin. Trib. check and per responsibility suffices: together with the
established suspension in penal.
Question 2. Why give to it the of warranting Appeal in
certain cases, inhibiting Appeal without it?
Question 3. Why give the Appeal-authorizing power to Quasi Jury
not to Visitors.
Beneficial Effects
The unsure will be greater than the visible ones: answer –
namely the preventive with reference to misfeasance and non-feasance
on the part of the Judge.
If with such full power the Public Opin. Tribunal of the day does not
disapprove of the conduct of the Judge – they who know every thing –
what superior ground in who know nothing of it in action
for condemning it?
Identifier: | JB/034/174/001 "JB/" can not be assigned to a declared number type with value 34.
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[[titles::rudiments [sic]]] |
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jeremy bentham |
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