JB/091/292/001

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24 Jany 1808

Thus one thing needful is neither more nor less than
the formation of what may here be stiled in general terms, as in
other it is already: a compleat civil code: – the actually in truth doing that,
which in English law the forms of pleading, on which the forms of Jury
trial are built, assume, but contrary to truth, to have
been already done.

That the question of law and the question of fact
ought to be distinguished from one another, is a proposition
about which all who have written on the subject
seem to be agreed. Of the uses attributed that have been to Jury
trial one I observe is, that by means of it this
problem at present insoluble, will for every case be
solved: in the Jury box they learned gentlemen have beholden a sort of
crucible into which as often as when you have thrown if you throw a complex mass composed
of law and fact, the chemical analysis will be performed the two elements will come out
separate.

The more For the satisfaction of those gentlemen, if
this will satisfy them thus much may be observed, viz.
that for the purpose of Jury trial as well as for the purpose
of decision in any other mode, that the question of law
should be separate have been separated from the question of fact is a point consummate
devoutly to be wished sensible to be desired: but in the sort of crucible in question what there is in those by
which the separation can be facilitated, is more than I
can perceive.

Identifier: | JB/091/292/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-01-24	Marginal Summary Numbering	5-6
Box	091	Main Headings	scotch reform
Folio number	292	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d26 / e2
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29288
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