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In judicature, as in legislature, what the
people are fi not fit for is to act in person:
in judicature as in legislature what the people
are fit for, is to act by proxy.

Judication is the only business of the two in
which it was possible for them to take personally
any share.

It was not possible for the people to act in person in legislation upon a large scale it was possible to act upon such a scale by proxy In judicature it was possible to act in person. Either this privilege or the preceding one would either of them give them some share in government, give them some degree of liberty. This latter being the most more obvious of the two was that which they had the good sense or good fortune to return to assume is to receive By their negative on the one, they possessed and exercised in detail a negative on the other.

In general legislature it never was possible for them
to take act at all any share in person any exclusive
share: in general in legislature accordingly till the thought occurred<add> was hit upon</add> invention of calling
upon them to act by proxy, they never did or
could take any such share. In judicature the
possibility existed from the first: even when society
was in its rudest state: and happily at a
very early period chance or design introduced them
into this share put or left this share of government
in the hands of the people in our island.

It was the happier, because the less advanced
the stage of society the greater the importance of
judicature, as having the more in it of legislation.
In the rudest stage, judicature stood
altogether in place of legislature. At that period
therefore trial by Jury preserved to the people something very like
a share in legislature.

Identifier: | JB/035/005/001
"JB/" can not be assigned to a declared number type with value 35.


Marginal Summary Numbering



Main Headings

constitutional code; evidence; procedure code

Folio number


Info in main headings field





text sheet

Number of Pages




Page Numbering


jeremy bentham


floyd & co


Paper Producer

arthur young


Paper Produced in Year

Notes public

ID Number


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