JB/035/138/001

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25 May 1808

The efficacy of Jury trial depends upon the absence of choice.
When choice is made it becomes packing.
Packing by popular Sheriffs in London was mere antidote to do
by Kings Sheriffs in the counties.

This it may be said is theory – pure theory:
but that part such has not is not the practice. insofar It Compleatly and uniformly it
never has been such, compleatly and is not even now.

Doubtless wi The In the observations a degree of their truth
is not altogether wanting: but the quantity is not sufficient for
the purpose.

Everywhere but in the metropolis True it is,
that though not the Jurors who shall serve in each
individual cause, yet the greater number of out of
which those who shall serve in each such cause
shall respectively be taken are nominated by the
and everywhere but in the metropolis the Sheriff is nominated by the
some public functionary: which public functionary,
is the Sheriff: which Sheriff is nominated elsewhere
than in the metropolis, with perhaps a few other exceptions
of less importance, by the King: in the metropolis by
the Livery, that is in a general view the body of the householders, being rich
in a state enough to belong be in the domestic condition and of Masters, in belonging to the class of Ministers,
contradistinctive to that of servants.

But the in this case the principle evidently
looked to as an object of design is the principle in which
the virtue of the institution in that particular – is understood
to consist, is chance in contradistinction to choice.
And the proof is – that in so far as choice in contradistinction
to chance, choice is seen supposed to
prevail,, the efficient cause of the determination receives has received
a particular name, viz. the name of packing: and packing, a denomination
purely dyslogistic, is never presented in any other character
than that of an abuse.

Identifier: | JB/035/138/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-25	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	138	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10731
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