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06-Jul-2012: under construction by Diane Folan. Please do not amend.
Juries
{temporary heading to identify column} COLUMN 1 1
Inessential
defects
2
Beneficial institutions Accidental <unclear>an-<unclear> <add>accompaniment</add>
accidentally
connected annexed
comprisd with it .
3
Essential
Defects resulting
from the qualities
of the persons
4
Essential
Effects Defects
necessary resulting - from
with the the nature of
establishment
5.
Supposed advantages
Arguments in its
favour derived
from its essential
concomitants
.
6
Use and necessity
of it with
reference to the
English law in
its present state .
7
Grounds
of the
prejudice in
favour of it.
Causes of its popularity
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{temporary heading to identify column} COLUMN 2 34 Debilitating useful
There are some
laws so bad that
it were better
the whole fabric
of the law should
be
1 Inessential defects
If
Accidental
accidentally Accidentally
appendages it
of
with it
Essential defects
4 Supposed advantages
5 . Relative utility
6 Cause of its popularity .
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{temporary heading to identify column} COLUMN 3 34 Debilitating useful
Such laws are
doubly a disgrace
to the law : because
they exist — & because
they are not
executed
The Laws which
the Bar-Chamber
in law
Court
execute were of that
number . The Laws
against
and dissenters are
of that number
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{temporary heading to identify column} COLUMN 4 34 Gunpowder good
To say a
Juryman is a
good method
of trial because
it has often been
the means of
letting off good
men is as if
one were to say
of a parcel of Gunpowder
this is good gunpowder
- for
day when
a highway man
snapped in the
face of a
a pistol that was
primed with it
is missed fire
What woud you
know a Jury to
Tribunal like
Gunpowder :
for Gunpowder
when it is good
. were they
in its
True but was
that the case with
the Bar chamber
by no means
did it bring to
conviction one
single person who
was not guilty ?
not one of the offences
he was not charged
with ? — not one.
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{temporary heading to identify column} COLUMN 5 34 Star Chamber
The offences they
were charged with
were the writing
and
of the system of
that government were
on - the speaking
ill of Bishops
collectively to
— : the speaking
ill of
When was the
mischief? that laws empowering
men to punish
those who he
should be
to — but there
should
laws .
is a
bad thing — Tyranny itself is
a much less
than what
but in the cost
of in
which have
been used to
a little anarchy
keeps tyranny
from being
.
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Juries
{temporary heading to identify column} COLUMN 6 36 Capit. punishment
Juries are ab
necessary where
capital punishment
is established
especially
for state crimes
What does that
prove that juries
are necessary ?
No, but that capital punishment
is there .
36 Libels
Juries are necessary
when the
Law of libels
is , where
all
is to libel , where
history is a libel
and where truth
is declare to
make it so much
the worse .
Where conviction
or acquittal depends
upon the undeclared
and
caprice
of the Judge : a
caprice which
to declare
itself and which
at the time it is
called for to decide
the fate of a fellow citizen
is not so much
as formed
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{temporary heading to identify column} COLUMN 7 36 Libel
That should
be ? —
—
That the liberty
of expressing disapprobation
of
the conduct of
man in any
times should be
declared sacred
That the
if true
ref facts knowing
them to be
so should be
punished with
severity
That the rack
publication of
without
can arbitrary Jury
or a less cost
an arbitrary Judge
they
is— no should
still be punishable
though with less
severity
</del> such as
wounded
would be soothed
a caprice which
knows no ruler
nor so much as
the of a
rule
by should be
given added along with
that
satisfaction which
honour
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{temporary heading to identify column} COLUMN 8 36 Libel
That defamation
through
or
should be
made punishable
with different
degrees and measures
of disgrace analogies
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& false
accompanied with
the knowledge of
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to injured
by the same operation
which ,
the smites <add>the effect of punishment</add>
author of the injury
in the way of punishment
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{temporary heading to identify column} COLUMN 9 Judges— Stupidity
Terms of which
the extensible
is the administration
of
justice , but the
real effect to
enable the
of the
law to collect their
Christ from upon the
people .
Behold the
horse in yonder
mill a in what
is his object?
— to escape the
lash : he acts
accordingly : and
so the mill goes
round .
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{temporary heading to identify column} COLUMN 10 Too Soon to abolish Jurys
Many — ! many
are the which
England must see
over her head before
this safeguard this
feeble safeguard to
English liberties will
cease to be indispensable . Till
it can get a
better liberty
must never cease
to change even to this
poor
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Identifier: | JB/035/001/002 "JB/" can not be assigned to a declared number type with value 35.
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035 |
constitutional code; evidence; procedure code |
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001 |
juries |
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rudiments sheet (brouillon) |
4 |
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recto |
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jeremy bentham |
[[watermarks::w [with crown] [lion with crown motif]]] |
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10594 |
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