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<p><!-- pencil -->26 Jan<hi rend="superscript">y</hi> 1808</p> | |||
<p>Under Statute law <add>especially in civil causes</add> you have less need of a Jury,<lb/> | |||
and at the same time, having <add>if you have</add> the institution, you<lb/> | |||
<unclear>may</unclear> share more benefit from it, you may extract<lb/> | |||
from it more of that use <add>service</add> which it is in the nature of<lb/> | |||
it to afford.</p> | |||
<p>Under Statute law, the pretension is more palpably<lb/> | |||
<gap/> than under jurisprudential, the pretension<lb/> | |||
that Jurymen are not proper judges of the law.</p> | |||
<p>Under jurisprudential law this pretension can<lb/> | |||
never be <add>without</add> divested of <gap/>. <add>A law</add> That which has<lb/> | |||
no existence nobody can understand <add>is not capable of being understood by anybody</add>,<lb/> | |||
consequently not by a set of Jurymen: to <add>all</add> this if<lb/> | |||
a <unclear>denial</unclear> can not easily be opposed. For the same<lb/> | |||
reason neither should it be intelligible to Judges: but<lb/> | |||
forasmuch as <add>seeing that</add> they belong to the class of those by whom<lb/> | |||
what there is of reality as it is made, <add>in every instance</add> what little<lb/> | |||
chance there is of its being understood by anybody, is<lb/> | |||
all on their side.</p> | |||
<p>Under Statute law you may insist, and ought to<lb/> | |||
insist boldly that <del>the</del> in every case the Jury shall be<lb/> | |||
not only in appearance but in reality judges of the law<lb/> | |||
<add>that the best of the law shall be presented to them</add> that the decision pronounced upon it shall be truly theirs.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
26 Jany 1808
Under Statute law especially in civil causes you have less need of a Jury,
and at the same time, having if you have the institution, you
may share more benefit from it, you may extract
from it more of that use service which it is in the nature of
it to afford.
Under Statute law, the pretension is more palpably
than under jurisprudential, the pretension
that Jurymen are not proper judges of the law.
Under jurisprudential law this pretension can
never be without divested of . A law That which has
no existence nobody can understand is not capable of being understood by anybody,
consequently not by a set of Jurymen: to all this if
a denial can not easily be opposed. For the same
reason neither should it be intelligible to Judges: but
forasmuch as seeing that they belong to the class of those by whom
what there is of reality as it is made, in every instance what little
chance there is of its being understood by anybody, is
all on their side.
Under Statute law you may insist, and ought to
insist boldly that the in every case the Jury shall be
not only in appearance but in reality judges of the law
that the best of the law shall be presented to them that the decision pronounced upon it shall be truly theirs.
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Identifier: | JB/091/288/001"JB/" can not be assigned to a declared number type with value 91. |
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1808-01-26 |
12015 |
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091 |
scotch reform |
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288 |
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001 |
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text sheet |
1 |
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recto |
e22 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29284 |
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