JB/035/196/001

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29 May 1808

Ch. Inconveniences of necessity Disadvantages attached to Jury trial, with
their remedies as applied to Scotland.
§. 1. Introductory observations.

We I come now to speak of the inconveniences
which appear to be inseparably attached to this mode
of judicature.

In doing so Along with them, I shall subjoin shall be subjoined to each
of them a designation of such remedies as present themselves
are capable either of removing or at least to as applicable to the case, and as promising either to alleviate
the inconvenience.

These remedies will in every each instance be applied considered
to as to the state of things in Scotland.

In England the in this as in the other parts
of the judicial system the sole object with all in whom
it depends is to keep things as they are. Whether they
are as they ought to be – i.e. whether the several ends of justice
are attained in the degree in which they might be attained
is a question which every man is too wise to regard as
worth a thought. The short course is to preserve them that
in every respect to be in every respect as they ought to be: and to on the strength of this
presumption the contradiction given by perpetual and universal experience of the
can is not found to make produce any the slightest abatement.

In Scotland, if as far as Jury trial is introduced, things
can not be as they are. In Scotland therefore the
question here thus may be rendered better less bad than they are,
will not appear altogether so dangerous or so absurd
as it would in England.

⊞ What the eye does
not see says the proverb
the heart does not .
Over the respective organs of some
of the other senses the
eye of the has one
very capital considerable advantage,
viz. the faculty deriving
on each occasion whether
it will or will not receive
the sensations
that belong to it.
Thus it is with the eye
of the body: and the
eye of the mind participates
in no small
degree of in the same advantage.
In wickedness so enormous
– so misery so excruciating
– but that, if established,
it will have its
defenders – those defenders it will be sure to to reckon all those who profit by it, with as many others as are content to be their dupes.

Identifier: | JB/035/196/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-29	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	196	Info in main headings field
Image	001	Titles	[[titles::ch. / /disadvantages / [...?] inseparably attached to jury trial, with their remedies, as applied to scotland]]
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10789
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