JB/035/038/001

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Obs 25

Juries § 3 Innate Defects 19 II Want of intelligence which is as essential a concomitant of the institution as the existence of it is undeniable. On the inferiority of Juries in this hand respect, there
of the inferiority of Juries in point of intelligence, there
In point of intelligence, no man can doubt
of the inferiority of Juries: no man that can can be but one opinion. is not a matter for dispute
and seeing that and this disadvantage too is an incurable
one. The question of law they may
cure themselves of, if they know how, and think
proper. But they will not always know how, and
they may not think proper, and they may have
good reason for not thinking proper: however but let that
pass. Of the The question of fact they can never can rid
themselves: it belongs to them constantly and exclusively. altogether. But to
pursue the question of fact through a long chain
of intricate and clashing evidence requires select
in a cause of nicety something beyond the ordinary measure
of talent, and at any rate a practised talents and a cultivated mind. Very strong Talents structure of uncommon strength force are perhaps not absolutely and particularly requisite to make constitute a good Judge: shining talents still less so: but what is requisite to make a good Judge, as well as a good farmer, a good shopkeeper or a good in a cause of meeting something more beyond than the ordinary share of talent and at any rate or at le shoemaker is a mind habitually occupied directed to an about that sort of investigation about upon in which his talents and his practice are to be employ'd and incurs the satisfaction of the shoemaker, is a mind formed by habit to that sort of exercise in which it's powers are to be employ'd. If by good accident
you get a Juror equal to the task, what are
you the better? he is but one out of twelve. And
if you get this rare advantage in one cause, what are you the
better for it in another?

The intelligence of a Judge when committed
to paper, becomes the intelligence of the public, fixes
the opinion of the public, and satisfies the public
that the decision has gone in conformity to justice.
The intelligence of the a Juryman, if he happens to
have any, had as good have been stupidity, for
any satisfaction the public gave gets by it: for nothing of
it appears.

Identifier: | JB/035/038/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1		Marginal Summary Numbering	19-20
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	038	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f25 / f26
Penner	jeremy bentham	Watermarks	l munn
Marginals	jeremy bentham	Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	10631
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