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26 May 1808
§. 4. or 5. 5. or 6. By secrecy, the members screened from responsibility
in every shape
That this is an object actu actually procured general attained effected, and regarded
as essential, is matter of notoriety: the other
features of the institution are several of them directed to this end.
The utility of it is another point: the circumstances
on which it depends are not so obvious, nor so
uniform in their character tendency as not to require to be brought
to view.
If not thus screened from responsibility they would remain
exposed to the notice of sinister influence; of sinister influence,
as above indicated and distinguished. The part
taken by each member being known, it would thereby be known
in favour of which side of the two sides the part so taken by him had
operated or tended to operate.
Sollicitation being, by the abovementioned -cognoscibility
of the members of the Jury excluded, by
sollicitation neither party will have had the means
of giving intimation of his wishes applying himself
to any of them: neither for the purpose of intimating giving intimation
of his wishes, nor for the purpose of intimating giving intimation
of those circumstances, which in the character
of motives he relies on looks to as presenting a chance of their
operating on the mind of any such momentary Judge in
the character of inducements tending to dispose him to yield compliance
to those wishes.
Identifier: | JB/035/141/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05-26 |
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035 |
constitutional code; evidence; procedure code |
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141 |
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001 |
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text sheet |
1 |
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recto |
e1 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10734 |
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