JB/034/144/001

Click Here To Edit

1823. Sept.r 4

Constitutional Code

Ch Quasi
Dep Object
§2. Descending feature
Fresh page
61
II. Discarded features
1. Of the functionaries who
are to bridle the Judge locator
sharer in his
sinister interest: both
dependent on the demands
on who, for good things
all are dependent

II. Features having place in the Jury system Jury procedure. but, being regarded
as unapt, not admitted into the Quasi Jury system

1. Locator of these functionaries whose the declared use of authority is
the serving as a bridle to that of the Judge, a functionary
operating under the same templatives by which a sinister interest
is given to the that same Judge: in what way this feature is repment
In the shred end of Justice, is sufficiently manifest

62
Choice the locator
this source of unjust
partiality must in some
degree have operation
Arbiter have not only
apt, but sole apt Chance

In a greater or less degree this obstacle to appropriate
moral aptitude will have place in so far as the determination
of the individuals who aim to serveofficiate in this capacity is the
result of choice . In contradistinction For the purpose here in question to choice, Chance
not choice is not only the most apt but the only perfectly
apt arbiter for such every such this same purpose . For the purpose
in question what is desirable that with the exception of certain
classes disqualified excepted by this or that especial cause, all persons without
distinction should officiate in the capacity in question or
at any rate be liable to officiate. As to appropriate intellectual
aptitude rathermore of in the view of giving it to them than in
the expectation of finding it in them is the call have proposed
to be made for their service. Of As to the expectation of the service looked forexpected
at their hands it has for in each individual <add>case</add>instance it cause not the assurance of
their possessing being each of them joining in being possessed of appropriate aptitude
in this shape, but the general impossibility of being assured that in
this or that one of them it may not have place.

63
True for intellectual
aptitude Chance would
not be the best Judge. But
as to this function, one
object is - that the exercise
of it be maximized
no room therefore for
choice

As to the exclusion of this cause of partiality and injustice
under the Jury system scarcity it is what could not reasonably so could it be expected: scarcely
can it have happened but through oversight or indolence on the
part ot those whose duty it was to keep the door that every where
and at all times that against impartial justice

64
Appropriate ap intellectual
aptitude the object
is - not to find ready
-made but to make.
As by, the Jury, so
by the Quasi Jury the
good is done - not
by the assurance of the existence
of this aptitude
but by the impossibility
of the contrary assurance

The government in which the Jury system took its rise was
a Monarchy: a form which in fact has every where for its object
the giving in each indiividual execution and effect to the will of the Monarch whatsoever it
may happen to be and at the expence of all opposing wills and
all opposing interests.

65
Where the Jury System
originated, not naturally
expectation was the exclusion
of this same injustice:
only through oversight or
indolence of those whose
duty it has been to secure
injustice in favour of ration
case justice have had
place prevented against Monarchs will
as that of all will and interest

Identifier: | JB/034/144/001"JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-04	Marginal Summary Numbering	61-65
Box	034	Main Headings	constitutional code
Folio number	144	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d18 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10418
Box Contents