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26 Jany 1808
Furnishing the Scotch judicatories with Jury-boxes Introduction of Jury trial is among the objects proposed
by the Bill. It And To the extent of that part alone
and that part alone of the main body of the law which
is in the shape of Statute law can any fixed basis be
found for any of those Jury boxes be found. A Jury which
is not permitted to decide take cognizance of the question of law – a Jury
which does not decide upon the question of law as well
as the of question of fact, is a mere tool, a mere instrument
of arbitrary power in the hands of a Judge.
Under Statute law the question of law has for its subject
matter a set of words determined chosen by the legislator, chosen
for all occasions: if the Jury are not fit qualified for
deciding on the import of those words, what is is that
they are qualified fit for?
Observe on this occasion the inconsistency – the wicked
and self inconsistency of the English Judges men of law. To
one and the same set description of person the same law is to be supposed
at the same time to be intelligible and unintelligible:
intelligible for the purpose of exacting on the part of each
individual the strictest conformity to it in his own instance:
unintelligible to the same individual to the purpose of his
judging whether it has been conformed to in other instances.
Identifier: | JB/091/282/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-01-26 |
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091 |
scotch reform |
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282 |
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001 |
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1 |
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recto |
e16 |
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jeremy bentham |
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29278 |
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