JB/047/147/001

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3 July 1805
Evidence

§. Jury Trial how far useful – Improvements it may derive
from summary procedure.

But

But in summary procedure there is no Jury. Be it so.
Be it so; and what the? if the if the ends of justice are
more effectually accomplished without a Jury than with
it. Jury trial Employment Trial by Jury is not itself among the ends of justice:
it is but a means: and the value of it like any
other means, is no otherwise to be judged of than
by its subserviency to those ends. In a large and
highly important class of causes it is utterly impossible
to employ it.† † See Complication Table In another large and important
class of causes in which it might have
been employed, it never has been employed. The
business is to employ it in an all those cases in
which the employment of it is or would be subservient
to the ends of justice: to employ it in none of those
cases in which the employment of it is or would not
be subservient to the ends of justice. For drawing
the line, custom – even the blindest, blind custom,
when its dictates counsels indications are not over-ruled by counsels better
informed, will be a highly proper guide. But on
a ground to which Reason is at once so necessary
& so new, a word hint or two from Reason, human Reason,
will may not be without its use.

Identifier: | JB/047/147/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-07-03	Marginal Summary Numbering	1
Box	047	Main Headings	evidence
Folio number	147	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e1
Penner	jeremy bentham; john herbert koe	Watermarks
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15015
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