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24 May 1808
Ch. 4. Supposed Questionable essential and majority peculiar advantage utility
of Jury trial – its application to the assessment of damages.
By damages
By damages a word belonging to the technical language
of the English lawyers lawyer, is understood satisfaction as for
wrong – that satisfaction being administered in a pecuniary
shape, viz. by the payment of a sum of money at the
charge of the supposed wrongdoer the defendant, to and to the
benefit of the party supposed to be wronged – viz. the
plff.
For the adjustment of the quantum of the sum to be
paid on this score, the a Jury has been said to be, and seems
among English lawyers and the people their pupils, appears to be generally regarded as in a peculiar and extensive
degree well fitted, in comparison with any permanent
Judge or bench of Judges.
Such being the position The reason given is this generally trusted relied on for the
support of it appears to be this; viz. sympathy
Identifier: | JB/035/151/001 "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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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10744 |
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