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29 May 1808
Hence the importance of noting the expence &c of new trial
as small as possible.
Unanimity gives facility to similar interest.
Abolition of do the remedy.
But if the inconvenience is obvious, the remedy is
less so. New trial is that remedy. What appeal
is in the case of a the permanent judicatory, new
trial is in the case of this unpermanent judicatory.
New trial is appeal to a fresh Jury.
Of This remedy the more obvious character
in which it acts is that of a curative remedy.
But in a certain degree it can not but act in the
way of prevention character of preventive remedy. The use Suppose
one or more of the Juries be disposed to endeavour at
the procurement of a false verdict: the less like probable it is the probability
appears in their eyes that the such false verdict
will be ultimately efficacious, the less forcible will
be their inducement for embarking on the supposed
scheme of injustice. The inducement to the
attempt is diminished by every circumstance by which
the improbability of absolute success the is encreased.
Identifier: | JB/035/198/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05-29 |
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035 |
constitutional code; evidence; procedure code |
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198 |
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001 |
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text sheet |
1 |
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recto |
d3 / e2 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10791 |
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