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4 June 1808
☞ State parenthetically or in a note his other want
viz. that of securing an unprejudiced Jury by change of place.
Even The subject system in which those defects thus ascribed
to Jury-trial how are thus discovered
and pointed out, is in fact the whole of the system
of procedure of which Jury-trial forms a part constitutes the characteristic feature –
constituting the main body of the technical system of procedure as modified in England: the
whole of the system of procedure observed in use in the great courts
in Westminster Hall called Common Law Courts.
Even upon the view thus given of it, the composed
in a manner of defects – one question
offers itself at first glance to every eye that can
bear to look at it – a system that makes no provision is not fit for
those purposes, what purpose is it fit for? for occurrences thus obvious and thus continually
exemplified, what does it provide for – and then another
– is it possible that those who with the power of
the country State in their hands should have left the system
to such a degree destitute of the means of fulfilling the ends of justice
should ever have been really been directing their endeavours
to the fulfilling of those ends.
But those defects, enormous gigantic as they are, are constitute but a
that part and that but a small part of the aggregate stock
of defects observable in the system. There are deficiencies but
so many things left undone for the advancement of justice,
and of these too but a part: and but to compleat the account catalogue
of defects requires another list: the list of things
done to the prejudice of justice. This account if compleat
in both its parts would be found to be no other than an
account of the points of difference whereby the technical
system of procedure is distinguished from the natural system
of or delivered which the
principal features have
been sketched out in another
place.
Identifier: | JB/035/254/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-06-04 |
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035 |
constitutional code; evidence; procedure code |
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254 |
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001 |
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text sheet |
1 |
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recto |
e2 |
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jeremy bentham |
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10847 |
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