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26 May 1808
Ch. IV. Features essential and peculiar.
§. 2. Second Essential and peculiar advantage – determination by lot
Second essential and peculiar as well as essential
feature of the Jury judicatory – the members determined
by chance, in contradistinction to personal choice, to
choice made by a person or persons.
This feature may be is seen to little not less essential than
the other.
If determined Determined by choice, the will by which
that decision would be dictated determined, would at the pleasure of their nominator if they were
removable, and at the pleasure of their nominator him who had named
them, be his: if not so removable their own.
This is the short account of the matter: subject
to such explanation as may be necessary to render
it clear precise, and such limitations as may be necessary
to render it correct.
The use as well as function of the members of this impermanent part of the judicatory
is to appear apply a check to the principal and permanent
one, the Judge or Judges. The Judges in virtue
of the other another essential feature fundamental principle of the constitution
are nominated appointed by the King. In virtue of this
same principle, if the members of the Jury were
chosen by any person, that person would be of course
the King.
Identifier: | JB/035/136/001 "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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ch. 4 / features essential and peculiar |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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