JB/106/089/001

Click Here To Edit

March 1807
Judicial Justice

A Influence Under the influence of considerations such as the
above, in a case of doubt, the natural tendency of a Jury
of a act of unlearned Judges taken from the body of the people, as to
give the turn of the scale in favour of the weakest party: and
this tendency may be reckoned placed to the account of among the advantages of Jury
trial. But were it was to come to be received in the
character of a principle, and to speak operating with such force as
to engage them and that notoriously to give a verdict
in favour of the weaker party, in a case clear of doubt,
and against the known justice of the case, this tendency in
proportion to its force, would operate in diminution of the advantage
attended to this mode of judicature. A case though
not likely to be exemplified may without any difficulty be
conceived, in which the disadvantage mischief from this source might
swell to such a pitch as to outweigh the advantage altogether.
For carry it to a certain pitch, it becomes a levelling principle;
and by laying the axe to the root of all property,
dooms political to extirpation civilized society itself to extirpation.

In this ideal case the mischief of misdecision in the matter of
such would be still greater than that would exceed the mischief of as confirmed of misdecision on the matter of part of a permanent
Judge in the matter of law in a still higher degree than that
exceeds the ordinary amount of the mischief of misdecision in
the matter of fact. The bad unjust judge displaced by death or
deprivation, then ends in the bosom of the public the pain of apprehension of which
his individual character was his source. But, supposing suppose the
principle of insecurity in question to have occupied and tainted
the bosom of the class of people by out of which Jury-boxes are filled,
against a discourse complete thus rooted neither death nor deprivation afford any remedy,

Identifier: | JB/106/089/001"JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-01	Marginal Summary Numbering	14-17
Box	106	Main Headings	scotch reform
Folio number	089	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34677
Box Contents