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This therefore preserves in the hands of the people
that share which they ought to have in the administration
of public justice, and prevents the
encroachments of the more powerful and wealthy citizens.
The share they ought to have in judicature
is in legislative and every thing else is as much as they can exercise to their advantage. I have shewn
that in judicature as in legislation it is not
for their advantage to do the business themselves:
but that it is for their advantage to determine
who shall and who shall not do it for them.
.. and prevents the encroachments of the more
powerful and wealthy citizens. I have shewn
that it prevents no such thing: whether such encroachments
shall or shall not count depends upon the lawm legislature.
I have shewn that on the contrary it
causes them, by increasing the expense, and giving
the monopoly of justice to those who alone can
come up to the price. In this point of view, trial
by Jury instead of checking generates aristocracy
and that without redress: essentially and without resisting where it checks that
evil it does so only by accident and not ben
so well nor so surely as it might be done by other
means.
Identifier: | JB/035/071/002 "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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071 |
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002 |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10664 |
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