JB/035/294/001

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4 June 1808

To what purpose, (it may be asked), introduce these
topics? – To this purpose.

That it may be visible to the people – the thinking part – and in particular
in Scotland – that so far as concerns civil causes, the
attachment to Jury trial though founded in great measure
on reason, utility, experience, is in an inconsiderable
degree founded on prejudice, – that independently
of the real use that it in civil causes would be of to justice in Scotland, the
indiscriminating attachment manifested to it in England, in all cases without regard
to the particulars between criminal and civil causes ought
not to be regarded as a sufficient cause for the admission
of it, for that the attachment of principle in England being
blind and indiscriminate, making no distinction between the
parts essential to it and the parts inessential to it, between
the beneficent parts of it and the pernicious, is founded
in great measure in the attachment and extravagant
and undiscriminating and inconsistent self-contradictory consciousness pronounced
in it by lawyers, which commoners had in great measure (or
their efficient cause, a sense – not of the essential and
beneficial, but of the inessential and pernicious, part of
its effects: and for its final cause, the preservation keeping
of those ill mischievous effects, from now and if possible for ever, out of the
reach of remedy.

Identifier: | JB/035/294/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-09	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	294	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e15
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10887
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