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26 Jany 1808
Not that in any case the decision of a Jury
whether on fact or on law should be final and
unreviewable,
that and not in any sort of case. For where is
the sort of case in which misdecision ought to be without
remedy.
But to prevent them from pronouncing a decision
is one thing; to protect it from reversal and modification a decision when pronounced
by them is supposed to have been pronounced by them, is
another.
Protecting the decision of a Jury against revision from review
is in effect but to strengthen give strength to arbitrary power not
only in the Jury, but in the Judge: for under the
veils of delusion so steadily spread by English jurisprudence,
the power ascribed to the Jury is in ordinary
cases power exercised by the Judge. When, as in ordinary
cases he may, when by insinuation or misrepresentation
he procures a verdict to his mind the decision thus
protected the decision thus rendered irrevocable and unchangeable
is the in effect the decision not of the Jury
but of the Judge.
Identifier: | JB/091/289/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-01-26 |
16-17 |
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091 |
scotch reform |
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289 |
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001 |
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1 |
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recto |
e23 |
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jeremy bentham |
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29285 |
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