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tribunal some of the necessary <add>instruments for coming <add>digging</add> at </add> means of finding<lb/> out <add>the</add> truth: <hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> It has <del>to</del> given to this tribunal the only rational mode of examining witnesses: it has <add>kept</add> <del><unclear>that own</unclear> upon</del> the examinations there taken <del>the light of publicity</del> exposed during the whole process to the light of publicity. <del>There in</del> To other tribunals these necessary advantages have been unmercifully | <p>tribunal some of the necessary <add>instruments for coming <add>digging</add> at </add> means of finding<lb/> out <add>the</add> truth: <hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> It has <del>to</del> given to this tribunal the only rational mode of examining witnesses: it has <add>kept</add> <del><unclear>that own</unclear> upon</del> the examinations there taken <del>the light of publicity</del> exposed during the whole process to the light of publicity. <del>There in</del> To other tribunals these necessary advantages have been unmercifully <sic>withholden</sic></note> <del>it has <unclear>devised</unclear> them to other's.</del> What<lb/> follows? that this tribunal is <add>in its own nature</add> better than any<lb/> other? No: but that neither this nor any other<lb/> ought to be left unprovided with the <add>equally</add> concomitants<lb/> equally necessary to all of them. <del>To say that</del><lb/> the three great Common Law Courts of of Westminster-Hall<lb/> have <add>not the</add> <del>no</del> means of forming a rational<lb/> decision when they try causes without Juries<lb/> though they try as many without as with, <del>that</del><lb/> the Chancellor has not, though he tries infinitely<lb/> more: the <gap/> Courts called Ecclesiastical<lb/> never have in any case. Be it so: — what<lb/> does that prove? that Juries are necessary to<lb/> the administration of <add>true</add> <del>good</del> justice? no: but that<lb/> Judges have <del>hitherto</del> <add>are and ever have been either <add>alike</add> ignorant or <add>and</add></add> ever been regardless whether<lb/> <add>regardless of it </add>what they administered under the name of justice<lb/> was or was not deserving of that name. </p> | ||
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<p>What two points <add>things</add> can be more distinct in <lb/> their own nature than <!-- following is marked out very faintly --><del> the number and quality<lb/> of your Judges on one hand and the mode of<lb/> proceeding before them on the other?</del> the quality<lb/> of the Judge and the mode in which evidence is presented to them? Confounding points so widely different, lawyers <add>prejudice has</add> have given credit to the tribunal<lb/> itself for the advantages which accident has put into<lb/> its hands, and which no <del> reason would</del> tribunal would have <note>been without, had reason had a seat in the cabinet of law.</note><add>been</add> </p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
tribunal some of the necessary instruments for coming <add>digging at </add> means of finding
out the truth: + + It has to given to this tribunal the only rational mode of examining witnesses: it has kept that own upon the examinations there taken the light of publicity exposed during the whole process to the light of publicity. There in To other tribunals these necessary advantages have been unmercifully withholden it has devised them to other's. What
follows? that this tribunal is in its own nature better than any
other? No: but that neither this nor any other
ought to be left unprovided with the equally concomitants
equally necessary to all of them. To say that
the three great Common Law Courts of of Westminster-Hall
have not the no means of forming a rational
decision when they try causes without Juries
though they try as many without as with, that
the Chancellor has not, though he tries infinitely
more: the Courts called Ecclesiastical
never have in any case. Be it so: — what
does that prove? that Juries are necessary to
the administration of true good justice? no: but that
Judges have hitherto are and ever have been either <add>alike ignorant or and</add> ever been regardless whether
regardless of it what they administered under the name of justice
was or was not deserving of that name.
What two points things can be more distinct in
their own nature than the number and quality
of your Judges on one hand and the mode of
proceeding before them on the other? the quality
of the Judge and the mode in which evidence is presented to them? Confounding points so widely different, lawyers prejudice has have given credit to the tribunal
itself for the advantages which accident has put into
its hands, and which no reason would tribunal would have been without, had reason had a seat in the cabinet of law.been
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Identifier: | JB/035/025/001"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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025 |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
floyd & co |
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arthur young |
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10618 |
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