JB/036/095/002

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So in the case of the where the proceedings are carried inquisitorial mode

When therefore precipitation in judicature is spoken of, the
sort of shape in which the supposed undue precipitation presents itself naturally is – that
which has place so in so far as the Judge in pronouncing
upon the evidence and the arguments had before him, fails of
occupying in the consideration of the subject so great a length
of time as is necessary to the securing to the decision he pronounces
the quality property <add>attribute of rectitude.

How a Precipitation in judicature thus understood,
now let us see whether of all unarguable rules it is the most
dangerous.

Look to English judicature. Written Adverse as it this system
in so large a part of its extent, and the system is – uncontrovertibly adverse
to the ends of justice , – still, taken as a whole it is perhaps the least upon the whole so of any as yet any where
established: strange indeed it would be, if it were not France : there much less so than that of Spain. Of this system
the part most generally esteemed and in most general estimation, & of the technical branch the part most least undeservedly
esteemed is that, in which a Juror per the judicatory
is composed of a professional Judge, with a company of non-professional
Judges under the name of a Jury: the Jury, in the exercise of their functions, acting
in so far as disposed, under the guidance of the Judge. Well
now – Immediately after the evidence with the such comments as have been made on it, is closed⊞1 ⊞1 without so much as a moments
delay taken for reflection,
comes if at all
the opinion of the Judge:
opinion or no opinion
immediately again, as
often as not, the decision
of the Jury. not if by sometimes even
without every
without any the hearing any opinion from before the Judge opinion of the Judge is pronounced always in every case
the opinion decision of the Jury not for after
the hearing of that same opinion. The promptitude thus displayed
is it in the power of precipitation to exceed it? This same promptitude
again has it ever, on the part of any person, been the subject of complaint? No, never. When promptitude in
this this degree has place,
does it ever enter into
the any one's man's conception, of that the any
such disapprobative appellations
as precipitation is in that account applicable
to it? No, never.
If such promptitude in
such a degree, and in no
and nothing can it exceed
higher degree can it have place
which is precipitation, precipitation
so far from being the most dangerous rock on which Spanish judicature can strike, may might with much more propriety be termed considered the jetty on as in the language of the same rhetoric be spoken of as the harbour towards which it is to be wished that its
course should were be directed.

Identifier: | JB/036/095/002 "JB/" can not be assigned to a declared number type with value 36.
Date_1	1822-08-12	Marginal Summary Numbering	12-15
Box	036	Main Headings	constitutional code
Folio number	095	Info in main headings field	constitut. code
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a11 / b6 / d9 / e5
Penner	jeremy bentham	Watermarks	[[watermarks::i&m [fleur de lys] 1818]]
Marginals	jeremy bentham	Paper Producer	arthur wellesley, duke of wellington
Corrections		Paper Produced in Year	1818
Notes public		ID Number	11019
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