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OBSTACLES PREJUGÉS Professional.
Jury is
one of the
grossest abuses
that has been
innocently
introduced into
the Law.
It has been
pernicious, to
Justice, not
merely because
in such a case
the opinion of
12 men is better
than that of one
nor because
men taken
out of the body
of the people
would be most
likely to lay
down such rules
as men like
themselves would
understand, but
because if those
cases had been
decided by the
Jury as they ought to have been
they would have
dropped into the law of
oblivion, if not
have been elevated into set up as false pretences to
An indiscriminate enemy to novelty, is an
enemy to the happiness of Mankind.
That the Law is we are arrived at this instant at
that precise pitch of perfection, beyond
which it is not possible to go, is would be a circumstance an observation
too singular to be credited upon subscribed to a bare assertion.
But from a temper however inflexible to reason that adapts itself with
great pliability to contradictions, it happens
that those who are most strenuous in their
opposition of any kind of improvement, are often among the
most clamorous in their lamentations of a
general depravity, which should seem to make a reformation more
to be wished for.
Things are very bad, but it is impossible they should be
better.
In an age of deep ignorance men stumbled blindfold
at once upon a perfect system which has since been
demonstrating, which the now bad, is better than it can
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