JB/091/283/001

Click Here To Edit

26 Jany 1808

Take as before the case of a sale. Whether in
virtue of the transaction between him and the plaintiff
on the subject of the horse, a sale of the horse took
place, the Defendant being bound to know is supposed to
be capable of understanding and accordingly to have
understood accordingly. He is accordingly Supposing the law
on that subject to be in the state of statute law, and
the word sale to stand as part of one of the articles of that statute law,
and the plaintiff's demand to be grounded on that article, the
import meaning of that word is supposed to be perfectly known
to and understood by him, and he consequently to be
a competent and sufficient judge of it.

Take the same man and put him into a
Jury box, invest him with the function or at least with
part of the function of a Judge, whose duty it is to decide
according to law, and in and by so doing to give effect and execution
to the law, to give efficacy and fulfilment to the engagements
taken by the law, immediately all his knowledge
of the law. Of that very same portion of the law – all
his capacity of forming a right judgment on the import
of the words of which it is composed, is according to them
to be supposed to vanish have vanished. Party to a sale between
himself and A he knows what a sale is – part to a
sale between A and B, he knows nothing about the matter.
A The man who has been occupied employed in selling from his childhood all his life long
and whose subsistence has depended upon it, knows not what
selling is: to find a man who knows what selling is, you must
to a bench, filled by a set of men, no one of whom perhaps,
delay judicial delay excepted, ever sold anything in his life.

Identifier: | JB/091/283/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-01-26	Marginal Summary Numbering	4-6
Box	091	Main Headings	scotch reform
Folio number	283	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e17
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29279
Box Contents