JB/035/197/001

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29 May 1808

Ch. Disadvantages inseparable
§. 2. Disadvantages commended

1. Among At the head of those disadvantages attached to the judicatory may be
placed the want of responsi irresponsibility of the members of which
it is composed: the power in every instance which they possess, on condition
of their agreeing together, to decide in favour of the plaintiff
or defendant – in conformity to j to the dictates or in opposition
to justice, in perfect safety, according to their will
and pleasure.

This inconvenience it has already been shown
is of the very essence of the institution: attached, beyond possibility
of separation, to whatsoever advantages advantageous features and properties are attached
to it.

If it were possible that in every case individual instance all sinister
interest could be excluded from the Jury-box, this inconvenience
would be but nominal. Of the sort of responsibility
in question, the only use is being to counteract the influence of
sinister interest. Unopposed, the joint efficacy of the tutelary
will in each instance, so far as depends upon
the volitional faculty, exclusive of the intellectual will, exclusive of understanding, be certain.

But of the impossibility of keeping the door compleatly
shut in every individual instance against sinister interest, an indication has
been already given.† † Suprà. Ch.

Identifier: | JB/035/197/001 "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	197	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10790
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