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of huddling together witnesses and Judges under the
same cloak into a dark room, without knowing
which is which, is fit only for the age which
gave it birth; the characteristic feature of it is the
facility it gives a Jury of delivering a verdict
which shall be to appear to be if they please to have it so or appears to be a coarse groundless
and corrupt one and which at any rate shall appear<add>shew as such
to all eyes except their own.</add>in the eyes of every body but
themselves. Tribunals are instituted The knowledge
of a Jury who happen to be in have been in the
secret may satisfy the Jury. But tribunals ought to be exis
instituted not for the private satisfaction of those
who sit in them but for the satisfaction of the
public: and they who are to make report to the public
and whose reports are to be judged of by the public
should sit if possible to view the facts as far as may be in that point
of view and no other in which the public will can
sit to view them. Thus much for the crown.
have it in its power to view them afterwards.
in which it is possible for the public to view them afterwards.
shown of . What follows? that the point of view in which those who are to make report to the public, and whose
reports are to be judged of by the public sit view the facts of which they are to make report, should
be as near as may be the very point of view and
no other in which the public will sit to view
them afterwards. Se
So far as they ground themselves upon matters
confined within their own knowledge, so far the trial is a secret one: if as to this part, why not as to every other? if in one
cause, why not in every cause at least in every other of the same nature?
+ +If this feature be an advantage If this part
feature of the secret take what </del>, so is secrecy in judicature T Thus much for vicinity as judicature. The common law of
Identifier: | JB/035/052/004 "JB/" can not be assigned to a declared number type with value 35.
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1-3 |
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035 |
constitutional code; evidence; procedure code |
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052 |
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004 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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10645 |
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