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Certainty Law & Fact 2
1
In the course of this work I have had several occasions to cause to 2 be remarked instances
where the taking of such a connection for escaping when it is not so, and substituting
accordingly by a rule of Law a decision by the Jury concerning the existence of [that] a certain in the room of a
When the Law can be supposed to have been
studied before hand by the
concerning the existence of an intention exposes to evil consequences. —
It leads +
[The Judge Judge has nothing more to do than (v. supra p.1) to declare whether the requisite
exists.+] [Nor to investigate it does it require the disciplined ingenuity of a Judge.] + contrast this with in the account given of the duty of the Judge.
to the commission of crimes upon the credit of such Law laid down: or in this
case of crimes committed (as is the case most frequently case) not in reflective evasion, but in
neglect of the Law — it leads to a public & juridical diceptation (which the criminal will
set on foot at the Trial for the sake of taking to take the chance of escaping)in the course of
which it must appear, whether that crime must go unpunished or that the Law laid down must be disregarded and that the Judges
have done wrong in setting up which when it comes to be applied to future cases can
be of no not be of any service, the only justifiable reason for the taking [of] it out of the hands of the
Jury and making it their own.
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Jury presence between Judge & Jury 1st Uniformity — & Knowledge an item. 1st because it would be a reason against all Trials by Jury. 2nd because it is by new Trials. 3rd because the demand for it is variable according to every numerical fact to be tried; & not according to classes.
Identifier: | JB/050/083/001 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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083 |
certainty law & fact |
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001 |
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text sheet |
1 |
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recto |
c2 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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16074 |
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