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the decision founded on the law does: and so it
does supposing the law to be known instead of
locked up, before it exists, in the breasts of the
Judges.
But in settling and adjusting a question of fact
when intrusted to any single magistrate, partiality
and injustice have an ample field to range in;
either by boldly affirming that to be proved which
is not so, or more artfully by suppressing some
circumstances, stretching and warping others, and
distinguishing away the remainder. If he had said
all this of a Jury he would have said what is
indisputable: with this difference that a Jury
has no need of -no need of art, no need of bold
assertion nor in of any assertion at all no need
of stretching warping or distinguishing: they have no
need to put themselves to this or any other trouble:
their will is their law: and the will of the most
obstinate among them is their will. As to a single
magistrate how is it that his partiality should
have an ample field to range on in, or rather what is more
to the purpose find greater facility and serenity in
obeying the dictates of partiality in a question
of law fact than on a question of law? Is it more
easy difficult for those who are men in general for to sit in judgement over him
to see whether he has done right to judge of the latter former than the former latter? Is it more less easy for
Identifier: | JB/035/070/002 "JB/" can not be assigned to a declared number type with value 35.
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035 |
constitutional code; evidence; procedure code |
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070 |
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002 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10663 |
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