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May 1808
Jury trial, though in England an institution of high antiquity,
its commencement consequently placed in an age proportionally
barbarous, is in its character possesses the characters a great refinement,
a refinement unknown to other countries, in other respects
much further advanced in the career of civilization.
The arrangement the most simple and most obvious, is was
to lodge in each district division of territory the business powers of judicature in the hands of some single
Judge.
By The abuses, real and supposed, which would be
among the natural results of such an arrangement
the expedient of encreasing the number of Judges adding to the single Judge others colleagues in different
numbers, all equal with himself in power authority – all acting
in conjunction in the same judicatory – the greater number
in case of division determining the decision notwithstanding the
dissent of the rest remainder, was a refinement and in some respects an improvement upon that primitive
state if things.
The institution of judges of two different descriptions,
acting in the same judicatory, each judge or set of judges charged with
different functions and armed with powers distinct different from those
armed by the other, was again a new refinement, and
a refinement of a very complicated nature.
Identifier: | JB/035/116/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05 |
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035 |
constitutional code; evidence; procedure code |
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116 |
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001 |
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text sheet |
1 |
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recto |
c1 / d2 / e1 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10709 |
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