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<p | <p><!-- indent --> Probity caution and intelligence were the leading<lb/> terms in | ||
<p | <add>that point of </add>the enquiry which <unclear>lend</unclear> Judges in | ||
general<lb/> for its object: the same terms will serve to guide<lb/> us here. </p> | |||
<p><!-- indent -->As to <hi rend="underline">probity,</hi> that quality, considered | |||
with references<lb/> to Judges in general, stood as we saw <del>stood</del> upon | |||
the basis<lb/> of <hi rend="underline">responsibility</hi>: that is upon the | |||
degree of <del>their </del> dependence<lb/> upon public opinion of their | |||
situation with reference<lb/> to the opinion of the people. <gap/> rested as | |||
we<lb/> saw upon the ground of true responsibility upon<lb/> the degree pf | |||
responsibility in which the terms of<lb/> his appointment placed him. Single Judges<lb/> | |||
<unclear>as</unclear> found to be preferable in <add>this</add> | |||
<del>every</del> point of view<lb/> | |||
<add>on every account</add> to <unclear>tribes</unclear> of Judges. Why? | |||
— Because on so<lb/> many <del>accounts</del> different ways, | |||
<add>their</add> | |||
<del>that</del> dependence<lb/> | |||
<add>grows</add> was <del>weaker and weaker in <add>arithmetical | |||
proportion</add> proportion to their<lb/> | |||
<add>to their multitude</add> number.</del>What shall we say <add>then</add> | |||
of a tribunal <add>in</add> which<lb/> the very idea of such dependence, even in | |||
the slightest<lb/> degree, is altogether out of the question? But<lb/> this | |||
absolute <del>dependence</del> | |||
<add>independence</add> of every thing which can<lb/> | |||
<add>serve to</add> guard the probity of a judicial character, is<lb/> of the | |||
very essence of a a Jury. In every other<lb/> scheme of judicature all ranks of | |||
Judges are<lb/> in some shape or other subject to the law of | |||
responsibility<lb/>. Juries are absolutely exempt from it:<lb/> and it is the | |||
great boast of the admirers of the institution<lb/> that they are so. No | |||
despotism that <del>ever</del><lb/> was <add>ever</add> exemplified or devised, | |||
<add>ever was so comparable</add> | |||
<del>was ever equal</del> to<lb/> the despotism of a Jury: here caprice, and | |||
every <add>interested</add> | |||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Probity caution and intelligence were the leading
terms in
that point of the enquiry which lend Judges in
general
for its object: the same terms will serve to guide
us here.
As to probity, that quality, considered
with references
to Judges in general, stood as we saw stood upon
the basis
of responsibility: that is upon the
degree of their dependence
upon public opinion of their
situation with reference
to the opinion of the people. rested as
we
saw upon the ground of true responsibility upon
the degree pf
responsibility in which the terms of
his appointment placed him. Single Judges
as found to be preferable in this
every point of view
on every account to tribes of Judges. Why?
— Because on so
many accounts different ways,
their
that dependence
grows was weaker and weaker in arithmetical
proportion proportion to their
to their multitude number.What shall we say then
of a tribunal in which
the very idea of such dependence, even in
the slightest
degree, is altogether out of the question? But
this
absolute dependence
independence of every thing which can
serve to guard the probity of a judicial character, is
of the
very essence of a a Jury. In every other
scheme of judicature all ranks of
Judges are
in some shape or other subject to the law of
responsibility
. Juries are absolutely exempt from it:
and it is the
great boast of the admirers of the institution
that they are so. No
despotism that ever
was ever exemplified or devised,
ever was so comparable
was ever equal to
the despotism of a Jury: here caprice, and
every interested
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Identifier: | JB/035/028/003"JB/" can not be assigned to a declared number type with value 35. |
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1-4 |
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035 |
constitutional code; evidence; procedure code |
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028 |
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003 |
defects inseparable from the constitution |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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|
jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10621 |
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