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Transcribe Bentham: A Collaborative Initiative

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effect by any thing that has a controul upon
the authority of Judges the magistrates called
Judges it may be counteracted by the power of
a Jury. Those whom Judges in pursuit of aristocratical
principles mark out have marked
out for punishment, Juries may save from
punishment: to to those whom Judges in pursuit
of the same principles would give protection, Juries
may refuse protection. W So far as Judges
for for the purposes of aristocratical oppression as for any other purpose usurp an initiative in legislation, Jurors may
without usurpation render it ineffectual in
many cases by their negative. When the power
exercised by Judges is an arbitrary power as it
is in all cases where the standard of decision
is taken from the Common Law, the arbitrary
power of the Judges may with more facility
as and with less mischief as well as with less difficulty receive a correction from
the arbitrary power of a Jury an arbitrary
power exercised by the Jury. Where a bad law
has been made by a Judge it may be a good
thing that Juries should repeal it as often as it is although do what is
in their power to repeal it towards th repealing it
The constitution suffers no more by the repeal than
it would have done by the enactment. it is only
usurpation against usurpation, an usurpation that makes

Identifier: | JB/035/020/002
"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


[[watermarks::floyd & co [britannia with shield emblem]]]


Paper Producer

arthur young


Paper Produced in Year

Notes public

ID Number


Box Contents

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