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Jury the benefit of his erudition and <unclear>experience; </unclear>;<lb/> the Jury, by their disinterestedness check any corrupt<lb/> <unclear> | <p>Jury the benefit of his erudition and <unclear>experience; </unclear>;<lb/> the Jury, by their disinterestedness check any corrupt<lb/> <lb/> partialities which previous application<lb/> may have produced in the Judge. If the determination<lb/> was left to the Judge, the party might suffer<lb/> under the superior interest of his adversary: if<lb/> it was left to an uninstructed jury, his rights<lb/> would be in still greater danger from the ignorance<lb/> of those who were to decide upon them.<lb/> The present wise admixture of <unclear>chance and choice</unclear><lb/> in the constitution of the court, in which his<lb/> cause is tried, guards him equally against the<lb/> fear of injury from either of these causes."<lb/></p> | ||
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<p>The Judge imparts to the Jury the benefit of his<lb/> erudition and experience? Yes if they are<lb/> <add>at the same time</add> capable of receiving it and willing to receive it.<lb/> Are they capable? Is an <del>inexperienced</del><sic>unexercised</sic><lb/> <add>reason</add> capable of being converted into an exercised<lb/> one, an injudicious man into a judicious by<lb/> the instruction of a moment? Does it not require<lb/> a certain talent and a mind <add>well exercised and </add> already instructed<lb/> to receive <add>be able<add>not only to give</add></add> instruction with respect to the<lb/> proper conclusion to be drawn from a long and<lb/> discordant chain of evidence <add>investigation</add> but to be able to<lb/> receive it and to make the proper use <add>turn it to use</add> of it?</p> | |||
Jury the benefit of his erudition and experience; ;
the Jury, by their disinterestedness check any corrupt
partialities which previous application
may have produced in the Judge. If the determination
was left to the Judge, the party might suffer
under the superior interest of his adversary: if
it was left to an uninstructed jury, his rights
would be in still greater danger from the ignorance
of those who were to decide upon them.
The present wise admixture of chance and choice
in the constitution of the court, in which his
cause is tried, guards him equally against the
fear of injury from either of these causes."
The Judge imparts to the Jury the benefit of his
erudition and experience? Yes if they are
at the same time capable of receiving it and willing to receive it.
Are they capable? Is an inexperiencedunexercised
reason capable of being converted into an exercised
one, an injudicious man into a judicious by
the instruction of a moment? Does it not require
a certain talent and a mind well exercised and already instructed
to receive be able<add>not only to give</add> instruction with respect to the
proper conclusion to be drawn from a long and
discordant chain of evidence investigation but to be able to
receive it and to make the proper use turn it to use of it?
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Identifier: | JB/035/063/004"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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063 |
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004 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10656 |
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