★ 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
Obs. 9
Juries 8 The unanimity thus produced is less of less weight than a majority. The pretended unanimity thus purchased, and
held up to any admiration, as anthing acquisition so much superior to that of an ordinary majority,
is in fact infinitely otherwise. It is
in fact truth the only expedient that could have him hit
upon for giving to the false appearance of a majority
not only to a minority, but to an unanimity on
the other side, wanting only one. The good Lord
Hale records with great triumph an instance of
this sort which had happened to Laws come within
his knowledge. (a) The case was, a guilty man had procured himself to be returned upon the Jury in order to save the from conviction one who had been erroneously accused. He little considered that the good benefit
of it effects which happened to be the result in that
that particular instance happened to produce were
little less than miraculous, and that tyranny and
injustice as well as perjury the perjury which it was then produced was the natural
state of things. It is a contest for power in
which the most obstinate and least conscientious
with equal powers of sustaining torture is sure to
gain the prize. Be the cause of obstinacy what it may, temper
corruption, partiality or conscience the effect is still the same. whatever principle whether corrective or mere love of power be the efficient cause of his obstinacy.
give the prize. A man who in the struggle is
If you have an end worth suffering being obdurate in earnest for,
able to subdue the most patient of eleven men
be resolute, and success is sure. Such martyrdom can
is sure to subdue the other ten.
never miss of its reward. The inequality of the central power
The principle of success and the pleasure
is much more apparent than real. It is not one
of superior power is a prize given to the most
against eleven: it is but one against one: In appearance it is one to eleven: in fact it is one to one It is not a contest of one against eleven: it is contest of one against one: the candles as the lawyers phrase it are being lighted all at once, all but the longest go for nothing. the
obstinate candles being all lighted alight at once, as the
lawyers phrase it, all but the longest go for nothing.
Identifier: | JB/035/055/001 "JB/" can not be assigned to a declared number type with value 35.
|
|||
---|---|---|---|
8 |
|||
035 |
constitutional code; evidence; procedure code |
||
055 |
|||
001 |
|||
text sheet |
2 |
||
recto |
f9 / f10 |
||
jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
||
10648 |
|||