JB/091/287/001

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26 Jany 1808

If indeed in the station of a Juryman, of the species
of a temporary Judge so called, a man is not to be considered
as capable of understanding the import of that those laws, by
which in case of his not understanding failing to understand them the instance
of any of them he is in case of his failing to understand
it liable to be put to death or ruined, then indeed
so far as the exercise of the function of a Juryman is
concerned, there is no use in the ho putting the rule
of action into the state of real law instead of having
it in the state of sham law. But if such be the
effect or rather the non-effect given to a decision pronounced
by a Jury, the result seems to be that, instead of applying a check safeguard remedy against to misdecision
of a the set of temporary assessors Judges so denominated, will in
Scotland as in England serve as an instrument engine of
arbitrary power, as a cause an instrument for facilitating
misdecision, as a screen for it while producing and when
produced.

Judging without a Jury, a Judge can not pronounce
a wrong decision, without being in point of reputation at
least, and at the bar of public opinion responsible for it,
punishable by proportionable loss of reputation. Judging with a Jury
preserving the power in one way or other he eases contrives himself of the yoke. For whatever
justice, the one by persuasion insinuation or misrepresentation
he was certain to make them the instruments of, nobody
is responsible for: not he, for it is not his act: not they,
because they constitute so many screens to one another, and
it is the characteristic property of the Jury box that⊞ ⊞ without exposing themselves to suffer in any shape men
may do in it what they please.

Identifier: | JB/091/287/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-01-26	Marginal Summary Numbering	10-11
Box	091	Main Headings	scotch reform
Folio number	287	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e21
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29283
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