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1 June 1808
But It is from the separation of the judicatory into those two distinct
parts that Jury trial affords such a check to
arbitrary power and may and in some degree even to partiality carelessness and precipitation
as is not would might not by any other means be easily applied to a permanent judicatory composed of
a single especially to a judicatory composed of a single
Judge or any number of Judges. Here are In this judicatory
are two such Judges of two very different sorts among whom those
of one sort are not only capable of addressing but
in the habit of addressing themselves to those of the other: whereas
in a single Judicatory, even though many-seated,
presents not in its constitution any a natural occasion demand for any
such explanations as are naturally and
given by Judges to Juries.
A single Judge may give having the decision is
depending on his will his power may pronounce it at once, peremptorily
and without employing in the character of
reason a single syllable to serve in the cha in proof of the regard he
difference which in and by that decision he has paid to
the dictates of justice: the chief of even in presiding Judge a many-seated
judicatory the presiding Judge, if it has happened to
him to acquire that ascendant which it is so
common for a the presiding Judge to acquire over the rest,
may take the same sport, and as often as wherever any
sinister interest is at work, convenient course.
But in case under with a Jury of any such sinister
interest be at work in the bosom of the Judge, the only
chance he will see of giving effect to it, will consist in
such reasons as in favour of the wrong side he may venture
to give: and this thus his chance is shut by the badness of the
the badness of the cause may be betrayed.
Identifier: | JB/035/222/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-06-01 |
not numbered |
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035 |
constitutional code; evidence; procedure code |
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222 |
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001 |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10815 |
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