xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts


Jump to: navigation, search

Click Here To Edit

25 May 1808

Jury may have done the in tending of our laws
Much worse appears as we notice later the lines of satisfaction ever
by English Judges.

A bench of permanent Judges, taken from or at least
by their office placed in almost the highest rank in life
is so ill qualified for assessing adjusting the quantum of money
proper to be allowed on the score of confirmation, that cases
may be adduced in which for an undeniable wrong, compensation
has been enforced by them altogether. —

Such is the To this effect is an observation which on this occasion of the
proposed reform has been under advanced by some of the writers authers
as who in the preferred esteemers of Jury trial has numbered among its advocates.
and in proof of this observation a case was is cited by
which it seemed to be least well warranted.

Of the alledged mischief the existence is admitted: not contested: but
that Jury trial, considered on its application to this particular purpose
is the fittest remedy, does not follow.

The mischief consists in the want of rules:
of rules laid down by the only competent authority -
the legislature.

Because in the <add>that particular instance in question the Court ha once erred, having no
rules obligations to go by, it follows not that it would fall
+if when (as far as when there is is planned and exists & if any such term as to errcan be with propriety be employed) into equal error, the like error if provided furnished with a set of rules

The rules formed and prescribed, the true question is seems to be
by who on the part of which of the true judicationers is the
had conformity observance given to them likely to be
most correct and uniformly uniform<add>constant maintained? - but
to this question the answer seems to have been a sufficient answer is supposed [already]
given above

Identifier: | JB/035/161/001
"JB/" can not be assigned to a declared number type with value 35.



Marginal Summary Numbering



Main Headings

constitutional code; evidence; procedure code

Folio number


Info in main headings field





text sheet

Number of Pages




Page Numbering



jeremy bentham


th 1806


Paper Producer

andre morellet


Paper Produced in Year


Notes public

ID Number


Box Contents

UCL Home » Transcribe Bentham » Transcription Desk