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<head>24 May 1808</head><!-- aligned to the left-hand margin, and in pencil --> | <head>24 May 1808</head><!-- aligned to the left-hand margin, and in pencil --> | ||
<head><note>Jury | <head><note>Jury analysed,</note></head><!-- in pencil --> | ||
<head>4<!-- aligned to the right-hand margin, and in pencil --> <note>Ch. 3 . Principal Utilities</note></head><!-- note and heading in pencil --> | <head>4<!-- aligned to the right-hand margin, and in pencil --> <note>Ch. 3. Principal Utilities</note></head><!-- note and heading in pencil --> | ||
<p><!-- indented --><note> | <p><!-- indented --><note>§.2 — their importance</note><!-- in pencil --> <note>Penal cases afford the most remarkable exemplification of this utility But of cases, penal in nature, though civil in name, the number & influences is important.</note><!-- note in pencil --><lb/> These advantages, it is true, depend more obviously, | ||
<lb/> | <lb/> | ||
and indeed <add>probably</add> in a <del>in</del> considerably greater degree on the application | and indeed <add>probably</add> in a <del>in</del> considerably greater degree on the application | ||
<lb/> | <lb/> | ||
of Jury trial to causes of the <del> | of Jury trial to causes of the <del>non</del> <del>criminal</del> <add>penal</add> | ||
<lb/> | <lb/> | ||
class , in so far as they are capable of being distinguished <add>a distinction in nature accompanies the distinction</add> | class, in so far as they are capable of being distinguished <add>a distinction in nature accompanies the distinction</add> | ||
<lb/> | <lb/> | ||
<add>in name</add> than in <add>its application to</add> <hi rend='underline'>non-penal</hi> called <hi rend='underline'>civil</hi> causes . | <add>in name</add> than in <add>its application to</add> <hi rend='underline'>non-penal</hi> called <hi rend='underline'>civil</hi> causes. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->But in a constitutional view its influence , as | <p><!-- indented -->But in a constitutional view its influence, as | ||
<lb/> | <lb/> | ||
applied to these civil causes is at once too <add>extensive and</add> multifarious | applied to these civil causes is at once too <add>extensive and</add> multifarious | ||
<lb/> | <lb/> | ||
to be readily estimated , and much too great to be | to be readily estimated, and much too great to be | ||
<lb/> | <lb/> | ||
safely neglected . | safely neglected. | ||
<lb/></p> | <lb/></p> | ||
<!-- possibly 4 clear lines before next paragraph, therefore large 'white space' --> | <!-- possibly 4 clear lines before next paragraph, therefore large 'white space' --> | ||
<p><!-- indented --><note>The constitutional efficacy of Jury trial extended to Scotland, by its efficacy in England.</note><!-- in pencil --> Of this part of its influence Scotland, it may be | |||
<lb/> | <lb/> | ||
remarked on the other side, has never had the benefit. | |||
<lb/> | <lb/> | ||
<note>Besides, that as to this, by far the most important of the benefits of Jury trial, Scotland enjoys it.</note><lb/><!-- in pencil --> But Scotland being the minor kingdom, the constitution | |||
<note>Besides, that as to this , by far the most important of the benefits of Jury trial , Scotland enjoys it .</note><!-- in pencil --> But Scotland being the | |||
<lb/> | <lb/> | ||
<del>of</del> enjoyed in Scotland has been the constitution | <del>of</del> enjoyed in Scotland has been the constitution | ||
<lb/> | <lb/> | ||
formed in England : formed in the major kingdom, the | formed in England: formed in the major kingdom, the | ||
<lb/> | <lb/> | ||
constitution of which had had the <add>full</add> benefit of Jury trial | constitution of which had had the <add>full</add> benefit of Jury trial | ||
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<lb/></p> | <lb/></p> | ||
<p><!-- indented -->On the other hand again , this <del>be</del> constitutional benefit — | <p><!-- indented -->On the other hand again, this <del>be</del> constitutional benefit — | ||
<lb/> | <lb/> | ||
by far the most important of the benefits which it is | by far the most important of the benefits which it is | ||
<lb/> | <lb/> | ||
in the power of Jury trial to confer and , secure — this | in the power of Jury trial to confer and, secure — this | ||
<lb/> | <lb/> | ||
principal benefit , Scotland has all along possessed , and would | principal benefit, Scotland has all along possessed, and would | ||
<lb/> | <lb/> | ||
welcome to possess without the | welcome to possess without the extension of this mode of | ||
<lb/> | <lb/> | ||
trial to civil causes — to any <del>oth</del> causes other than those | trial to civil causes — to any <del>oth</del> causes other than those | ||
<lb/> | <lb/> | ||
to which in Scotland it extends at present . | to which in Scotland it extends at present. | ||
<lb/></p> | <lb/></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
24 May 1808
Jury analysed,
4 Ch. 3. Principal Utilities
§.2 — their importance Penal cases afford the most remarkable exemplification of this utility But of cases, penal in nature, though civil in name, the number & influences is important.
These advantages, it is true, depend more obviously,
and indeed probably in a in considerably greater degree on the application
of Jury trial to causes of the non criminal penal
class, in so far as they are capable of being distinguished a distinction in nature accompanies the distinction
in name than in its application to non-penal called civil causes.
But in a constitutional view its influence, as
applied to these civil causes is at once too extensive and multifarious
to be readily estimated, and much too great to be
safely neglected.
The constitutional efficacy of Jury trial extended to Scotland, by its efficacy in England. Of this part of its influence Scotland, it may be
remarked on the other side, has never had the benefit.
Besides, that as to this, by far the most important of the benefits of Jury trial, Scotland enjoys it.
But Scotland being the minor kingdom, the constitution
of enjoyed in Scotland has been the constitution
formed in England: formed in the major kingdom, the
constitution of which had had the full benefit of Jury trial
in its application as well to civil as to criminal
causes
On the other hand again, this be constitutional benefit —
by far the most important of the benefits which it is
in the power of Jury trial to confer and, secure — this
principal benefit, Scotland has all along possessed, and would
welcome to possess without the extension of this mode of
trial to civil causes — to any oth causes other than those
to which in Scotland it extends at present.
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Identifier: | JB/035/131/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-05-24 |
not numbered |
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035 |
constitutional code; evidence; procedure code |
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131 |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
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10724 |
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