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23 May 1808
By one of the an essential characters of the venture, viz. inexperience
the judicatory composed solely of Jurymen
would be rendered incapable, of itself, of going through its
functions committed to it which it is charged with. By A Jury, like by itself
A single Judge Instructed by the experience, attached
to the quality attribute of permanency, a Judica single Judge, or
an a bench of Judges, will always be able, with whatsoever
degree of wisdom and probity, to go through exercise
and at all times go through with the functions of judicature.
Howsoever it may be in regard to the performing it well,
to enable them to perform their duty, a permanent Judge
or bench of permanent Judges requires no pay to be
added to it.
By one of its essential characters, inexperience,
a judicatory composed of Jurymen alone would be rendered
incapable of itself, of exercising going through with any degree of
perseverance constancy and , will or ill, the functions it would
find itself standing charged with. Being therefore in its nature
not a substantive judicatory, but a part added to another
judicature, its uses will, as well as its functions be altogether purely
relative: they will consist principally if not wholly exclusively in the check given to arbitrary
power, to power whichthe reason but for this and other checks would be
arbitrary, in the hands of the permanent perennial judicatory, whatsoever
may happen to be the number of the seats in it.
Identifier: | JB/035/117/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05-23 |
5-7 |
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035 |
constitutional code; evidence; procedure code |
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117 |
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001 |
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text sheet |
1 |
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recto |
c2 / d3 / e2 |
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jeremy bentham |
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10710 |
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