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Obs.
necessary in ministers why not in Judges? If irresponsibility is
good in Judges, why not in ministers? If resp By subjecting
You can not ob their Judges to the chance of not being in elected being left out upon every removed
at every election they make them and professedly mean to make them responsible to a defendant in the people. But if irresponsibility would is a matter of such necessity in regard to permanent Judges, how can it be a matter of entire indifference in regard to occasional ones? Is it an evil that those occasional Judges While permanent Judges are so strictly fettered, is it right or consistent that occasional ones should have it in their power to do whatever they please?
The folly Such folly would be really You can not The oppression would be too cruel.
intolerable. It is enough that you drag press an industrious man away from
his business and force him to purge perjure himself.
You can not force him to stand forth in public
and avow upon a new and difficult subject
an opinion which he is unable to defend: you can could
not call for his defence, if he had any to make: you can could not call upon
a every handicraft man or a Farmer or a little shopkeeper,
that you put upon this to stand whom chance find has put brought upon this
up in the middle of an upon novel and formidable stage, to stand up and turn orator
in the midst of a of sharp and knowing
men. Liberty of and action conduct and opinion opinion and action, liberty as
against the possessors of every species of over-riding
influence, is of the essence of the institution, and
one of the chief advantages it boasts of. This
liberty you deprive the Jury of Juryman of not
only by obliging him to give his reasons for that
of his opinion, but even by obliging him to
distinguish that opinion avow it and distinguish it from that of his fellows.
By departing from justice he may apprehend
in some degree the standing all on the opinion of the
public at large. But the Judge's public and the
Juryman's are composed of very different materials.
The Judge's public composed of the flower of the
men of education and reflection in the nation, keeps it
Identifier: | JB/035/054/001 "JB/" can not be assigned to a declared number type with value 35.
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constitutional code; evidence; procedure code |
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f9 / f10 |
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jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
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