★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Juries
5. WeightedAdvants
3. Veracity of evidence
3. Analogy of situation as Veracity of conditionas to
the bulk of the people whom they judge: thence
a superior faculty of conciliating confidence.—
which supposes reputation of probity and as well all other qualities
desirable. I answer:— Mr. Jury man is certainly more the
neighbour than the Judge is to the bulk of the people: Jurymen: but, as hath been already seen, it is questionable whether in point
of natural alliance he is deserve is
so much the neighbour as the Judge is to the big
great body of the people. Confidence too in such a station requires
a a much stronger ground basis for its support than a than mere sympathy
of affection, or rather than mere absence of antipathy.
Confidence in such a station can never
subsist without in full force, unless even of the supported by the opinion
of inferiority of intelligence. Superior intelligence
though alone it can not always command confidence
will always stand a better chance of it
than inferior, so long as while probity remains as Probity unsuspected, it is not
from men who stand in the same level with
themselves that the people will prefer taking a report,
but from a man who is seen to stand on more elevated
ground. Satisfy them that the report will be
equally fair in both cases, the people will have
no doubt which of the two is most likely to be the
best. When a Jury leans one way and a Judge the
the other, it is not his ability that is ever questioned, but
|
Identifier: | JB/035/051/001 "JB/" can not be assigned to a declared number type with value 35.
|
|||
|---|---|---|---|
|
not numbered |
|||
|
035 |
constitutional code; evidence; procedure code |
||
|
051 |
|||
|
001 |
|||
|
text sheet |
2 |
||
|
recto |
f7 / f8 |
||
|
jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
||
|
10644 |
|||