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<p><!-- pencil -->3 June 1808</p> | |||
' | <p>Jury-trial furnishes matter for <gap/> Ch. 23<lb/> | ||
and <gap/> for the matters.</p> | |||
<p><head>Ch. Disadvantageous features <add>of imperfection</add> attached by accident<lb/> | |||
to Jury trial.<lb/> | |||
§. Defects brought to view <add>indicated</add> by Blackstone</head></p> | |||
<p>The "defects" <add>observed by Blackstone</add> of Jury trial form the subject of a few <add>so many</add><lb/> | |||
paragraphs at the close of <add>his</add> Blackstone's Chapter on the<lb/> | |||
subject of Trial by Jury (<add><unclear>Basn.</unclear></add> Ch. 23) a <add>most inaccurae</add> passage <unclear>continually</unclear><lb/> | |||
<add>presenting a super<gap/> title to <unclear>notice</unclear></add> worthy of notice, for the contrasts it makes with<lb/> | |||
the rest of the book <add>work</add> – for the justice of the imputations<lb/> | |||
it <del>conveys</del> <add>casts</add> on the panegyrists and upholders (himself<lb/> | |||
among the number) of <del>this def</del> <add>so defective a system</add> a system thus abounding <add>teeming</add><lb/> | |||
with, or rather made up of, defects, and for the<lb/> | |||
imperturbable tranquillity with which those who if they<lb/> | |||
were what they are said to be and would be thought<lb/> | |||
to be would keep <unclear>eye</unclear> power removed <add>cleared away</add> those defects, leave<lb/> | |||
<add>now for upwards of</add> for half a century been acquiescing <add>submitting</add> to those imputations.</p> | |||
<p>Defect 1. "Want of a complete discovery by the oath<lb/> | |||
"of the parties."</p> | |||
<p>Defect 2. "Want of a compulsive power for the production<lb/> | |||
of books and papers" (he might have added – <hi rend="underline">and other<lb/> | |||
sources of evidence</hi>) belonging to the parties: (he might<lb/> | |||
have added <hi rend="underline">and others</hi>.)</p> | |||
<p>Defect 3. "Want of powers to examine witnesses <add>(he might have added <hi rend="underline">and parties</hi>)</add> abroad,<lb/> | |||
"and to receive their depositions in writing, where the witnesses<lb/> | |||
"reside, and especially where the cause of action<lb/> | |||
"arises" (he probably meant <hi rend="underline">arose</hi>) "in a foreign country",<lb/> | |||
thus briefly and expressively he might have said want of powers<lb/> | |||
for <hi rend="underline">epistolary</hi> examination:<lb/> | |||
in contradistinction<lb/> | |||
to oral<lb/> | |||
or <hi rend="underline">vivâ voce</hi>.</p> | |||
<p>Defect 4. Want of the power of examining witnesses<lb/> | |||
that are aged or going abroad, upon interrogations <hi rend="underline"><foreign>de <unclear>bonnesse</unclear></foreign></hi><lb/> | |||
to be read in evidence if the trial should be deferred<lb/> | |||
till after their death or departure, but otherwise<lb/> | |||
to be totally suppressed.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3 June 1808
Jury-trial furnishes matter for Ch. 23
and for the matters.
Ch. Disadvantageous features of imperfection attached by accident
to Jury trial.
§. Defects brought to view indicated by Blackstone
The "defects" observed by Blackstone of Jury trial form the subject of a few so many
paragraphs at the close of his Blackstone's Chapter on the
subject of Trial by Jury (Basn. Ch. 23) a most inaccurae passage continually
presenting a super title to notice worthy of notice, for the contrasts it makes with
the rest of the book work – for the justice of the imputations
it conveys casts on the panegyrists and upholders (himself
among the number) of this def so defective a system a system thus abounding teeming
with, or rather made up of, defects, and for the
imperturbable tranquillity with which those who if they
were what they are said to be and would be thought
to be would keep eye power removed cleared away those defects, leave
now for upwards of for half a century been acquiescing submitting to those imputations.
Defect 1. "Want of a complete discovery by the oath
"of the parties."
Defect 2. "Want of a compulsive power for the production
of books and papers" (he might have added – and other
sources of evidence) belonging to the parties: (he might
have added and others.)
Defect 3. "Want of powers to examine witnesses (he might have added and parties) abroad,
"and to receive their depositions in writing, where the witnesses
"reside, and especially where the cause of action
"arises" (he probably meant arose) "in a foreign country",
thus briefly and expressively he might have said want of powers
for epistolary examination:
in contradistinction
to oral
or vivâ voce.
Defect 4. Want of the power of examining witnesses
that are aged or going abroad, upon interrogations de bonnesse
to be read in evidence if the trial should be deferred
till after their death or departure, but otherwise
to be totally suppressed.
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Identifier: | JB/035/253/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-06-03 |
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035 |
constitutional code; evidence; procedure code |
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253 |
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001 |
ch / features of imperfection attached by accident to jury trial |
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text sheet |
1 |
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recto |
d1 / e1 |
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jeremy bentham |
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10846 |
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