JB/035/216/001

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31 May 1801

From: the accordingly what is not a disadvantage
from the nature of the Judiciary is the circumstance
of not being provided with any such set
of rules But as dis

But a disadvantage which as already observed+ does seem inseparable
+ a. Ch.
from it is — that is a comparative degree of
Were a set of rules
provided, juries would
not be qualified to
make the best use of
them.
unfitness relative being had to a freed Judicatory
inaptitude for the turning to the best account any such
set of rules as these in question, supposing them framed.

What I do not mean to say, is that to a
It is not however meant
to say that Jury Judicature
would not be improved
by such rules.
jury in a set of instructions as this kind would be of
no use: or that the effect would perplexity would
be a more probable result than useful guidance.
All I mean to say is — that supposing the rules
framed, I should not expect to find the degree
of observance paid to them so equally exact in the case
of this unexperienced and <add>impermanent moveable</add> untrained Judicatory as
the case of an experienced and permanent Judicatory one.
Suppose that an in facing the question of pecuniary
compensation on any given occasion the number of
circumstances to be attended to be half a dozen.
one or two of them perhaps, if that were all, the
most inexperienced Jury would be as well able to pay proper attention
as in the most experienced Judge: but when the number
to be ruled to so high as to half a
then comes the complexity, and with it the comparative inability
reference being had to the experienced class of Judges to pay the proper attention to such a cluster of circumstances at once.

Identifier: | JB/035/216/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-31	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	216	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10809
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