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<p>Jury may have done the <gap/> in <unclear>tending</unclear> of our laws<lb/> Much worse appears <add>as we notice later</add> <gap/> the lines of satisfaction <del>ever</del> <gap/><lb/> by English Judges.</p> | <p>Jury may have done the <gap/> in <unclear>tending</unclear> of our laws<lb/> Much worse appears <add>as we notice later</add> <gap/> the lines of satisfaction <del>ever</del> <gap/><lb/> by English Judges.</p> | ||
<p><!-- indent --> | <p><!-- indent --> | ||
A bench of permanent Judges, taken from or at least<lb/> by their office placed in almost the highest rank in life<lb/> is so ill qualified for assessing <add>adjusting</add> the quantum of money <lb/>proper to be allowed on the score of | A bench of permanent Judges, taken from or at least<lb/> by their office placed in almost the highest rank in life<lb/> is so ill qualified for assessing <add>adjusting</add> the quantum of money <lb/>proper to be allowed on the score of confirmation, that cases <lb/> may be adduced in which for an undeniable wrong, compensation <lb/>has been <unclear>enforced</unclear> by them altogether. —</p> | ||
<p><!-- indent --> | <p><!-- indent --> | ||
Such is the <add>To this effect is an</add> observation which on this occasion of the<lb/> proposed reform has been under <add>advanced</add> by some of the writers <add><sic>authers</sic></add><lb/> <del>as</del> who in <add>the preferred <unclear>esteemers</unclear> of</add> Jury trial has numbered among its advocates. <lb/>and in proof of this observation a case was <add>is</add> cited by<lb/> which it seemed to be <unclear>least</unclear> <gap/> well warranted.</p> | Such is the <add>To this effect is an</add> observation which on this occasion of the<lb/> proposed reform has been under <add>advanced</add> by some of the writers <add><sic>authers</sic></add><lb/> <del>as</del> who in <add>the preferred <unclear>esteemers</unclear> of</add> Jury trial has numbered among its advocates. <lb/>and in proof of this observation a case was <add>is</add> cited by<lb/> which it seemed to be <unclear>least</unclear> <gap/> well warranted.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
25 May 1808
Jury may have done the in tending of our laws
Much worse appears as we notice later the lines of satisfaction ever
by English Judges.
A bench of permanent Judges, taken from or at least
by their office placed in almost the highest rank in life
is so ill qualified for assessing adjusting the quantum of money
proper to be allowed on the score of confirmation, that cases
may be adduced in which for an undeniable wrong, compensation
has been enforced by them altogether. —
Such is the To this effect is an observation which on this occasion of the
proposed reform has been under advanced by some of the writers authers
as who in the preferred esteemers of Jury trial has numbered among its advocates.
and in proof of this observation a case was is cited by
which it seemed to be least well warranted.
Of the alledged mischief the existence is admitted: not contested: but
that Jury trial, considered on its application to this particular purpose
is the fittest remedy, does not follow.
The mischief consists in the want of rules:
of rules laid down by the only competent authority -
the legislature.
Because in the <add>that particular instance in question the Court ha once erred, having no
rules obligations to go by, it follows not that it would fall
+if when (as far as when there is is planned and exists & if any such term as to errcan be with propriety be employed) into equal error, the like error if provided furnished with a set of rules
The rules formed and prescribed, the true question is seems to be
by who on the part of which of the true judicationers
is the
had conformity observance given to them likely to be
most correct and uniformly uniform<add>constant maintained? - but
to this question the answer seems to have been a sufficient answer is supposed [already]
given above
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Identifier: | JB/035/161/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-05-25 |
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035 |
constitutional code; evidence; procedure code |
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161 |
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001 |
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text sheet |
1 |
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recto |
e11 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10754 |
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