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<head>Obs. Juries</head><lb/><!-- in pencil; "Juries" in right margin --> | <head>Obs. Juries</head><lb/><!-- in pencil; "Juries" in right margin --> | ||
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<!-- indent --><p>It has been said, that a Judge might <del>find</del><lb/> find great difficulty and incur great unpopularity<lb/> adjusting to the quantum of pecuniary <add>damages</add> satisfaction<lb/> </p> | <!-- indent --><p>It has been said, that a Judge might <del>find</del><lb/> find great difficulty and incur great unpopularity<lb/> adjusting to the quantum of pecuniary <add>damages</add> satisfaction<lb/> </p> | ||
<!-- Indent; bracket in pencil --><p>[This is a local observation and is to be may be<lb/> answered by local observations.<lb/></p> | <!-- Indent; bracket in pencil --><p>[This is a local observation and is to be may be<lb/> answered by local observations.<lb/></p> | ||
<p> | <p>Neither is he so proper for the task: the Jury, by<lb/> reason of their familiarity with and sympathy for<lb/> men of their own level <add>condition</add>, are in a better way than<lb/> he of knowing in what proportion injuries wound<lb/> and remedies afford relief.<lb/></p> | ||
<!-- Indent --><p>One <del>answer</del> general answer to this is contained<lb/>in an observation that has been before <add>already</add> made: it<lb/> goes to prove the propriety of entrusting the Jury<lb/> with the power the Judge has always possessed of<lb/> adjusting the quantity of discretionary punishment. If <add>he</add><lb/></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Obs. Juries
It is necessary in the mean time to enquire on
what particular accounts and in what particular
ways a Judge, adhering to the line of his duty,
may be in danger of becoming unpopular. I say
adhering to [the line of] his duty: for whatever
share of unpopularity may await him for in case of his surviving
from that line will hardly I suppose be placed
to any other account than that of advantage.
It has been said, that a Judge might find
find great difficulty and incur great unpopularity
adjusting to the quantum of pecuniary damages satisfaction
[This is a local observation and is to be may be
answered by local observations.
Neither is he so proper for the task: the Jury, by
reason of their familiarity with and sympathy for
men of their own level condition, are in a better way than
he of knowing in what proportion injuries wound
and remedies afford relief.
One answer general answer to this is contained
in an observation that has been before already made: it
goes to prove the propriety of entrusting the Jury
with the power the Judge has always possessed of
adjusting the quantity of discretionary punishment. If he
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Identifier: | JB/035/058/003"JB/" can not be assigned to a declared number type with value 35. |
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29-30 |
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035 |
constitutional code; evidence; procedure code |
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058 |
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003 |
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text sheet |
4 |
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recto |
f47 / f48 / f49 / f50 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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10651 |
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