★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
| (3 intermediate revisions by 2 users not shown) | |||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>CERTAINTY JURY Advantages of that Trial what -</head><lb/ | <head>CERTAINTY JURY Advantages of that Trial what -</head><lb/> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <p> <note> 1 </note> The [essence <add> virtue</add> of the superior excellence] of the Jury <lb/> Trial <add> is not lodged </add> [consists not in the Number 12: although <lb/> there are 12 months in the year, 12 signs <lb/> in the Zodiac, although there were 12 Peers <lb/> of France, 12 Gods of the 1st Rank, & 12 <lb/> Apostles </p> | ||
{{Metadata:{{PAGENAME}}}} | |||
<p> <note>2</note> It consists not in the constrained union of <hi rend='underline'>voices</hi> <lb/> for we must not call it unanimity. </p> | |||
<p> Such an union among <del> the </del> Judges seems at first <lb/> sight to be much the same test of Truth, as <lb/> <note> The only answer to this is that it is fit the decision should be in <add> weights determination of the decision should </add> the ratio as well of the intensity as of the number of Suffrages </note> <lb/>Fortune is with respect to the Criminal: the one <lb/> depending upon the rigidity of the nervous fibres <lb/> the other upon the obstinacy of the mental frame. </p> | |||
<p>It consists not in the opportunities of extra-judicial; <lb/> <hi rend='superscript'>[+]</hi> <note> <hi rend='superscript'>[+]</hi> in other words, their absolute capacity <add> for </add> judging </note> <add> intelligence [+]</add> than ill grounded reason for the qualification <lb/>of strict neighbourhood, exacted by the <lb/> old Law, now no more: Not the fact in question </p> | |||
<pb/> | |||
<p> was then tried, but a thousand other facts at <lb/> that bore no relation to it: the accused was <lb/> . . . . . . . . . . <lb/> or hunted down by party claimer: the interests <lb/> prejudices, hopes & fears of the Judges were c <lb/> <add> cast </add> altogether into the Scale — In those Ages <lb/> there is no end of complaints of their <del> iniq</del> <add> iniquities: </add><lb/> The atrocious punishments of <unclear>Actains</unclear><lb/> [<unclear>and liners</unclear> of the execution of which sworn in <lb/> the Books] was but a feeble <del> check. </del> <add> rein </add> </p> | |||
<p> The reason why a certain degree of <unclear>neighbo</unclear><lb/> is still required is a very different one, <add> it </add> <lb/> regards <add> the benefit of </add> different persons: it regards in a<lb/> respect the accused, it regards the Jury <lb/> themselves: it ensures them against the <del> in </del><add> inconveniences </add> <lb/> of long travel. </p> | |||
<p> <note> 4</note> It consists <del> not </del> <add> criminally </add> in their <hi rend='underline'>absolute capacity</hi> <lb/> <hi rend='underline'>of <add> for </add> Judging: </hi> that would be more excellent if <add> they </add> th <lb/> were taken not as here out of the <del> <unclear>uncultion</unclear> </del> <add> illustration </add> </p> | |||
<p> <note> except in certain causes of which from <unclear>such</unclear> action, the <sic>burthen</sic> rest peculiarly on them: as mercantile affairs. </note> </p> | |||
<pb/> | |||
<p> promiscuous herd but as in most countries from <lb/> men prepared for the office by discipline & <del> <gap/> </del> :<lb/> in a word if they were not Jurymen <lb/> but Judges. </p> | |||
<p><note> 5 It consists <add> not much </add> <del> little in their <hi rend='underline'>substance</hi> any</del> further than their capacity for judging may be <hi rend='underline'><gap/></hi> <add> affected by </add> it : in their substance: [the <add> matter </add> <del>object</del> of many anxious regulations <add> of our Ancestors </add> which might <add> with </add> more advantage have been pointed to the object which I was about to mention.]</note> <lb/> It consists in their indifference </p> | |||
<p> This indifference is second in different instances <lb/> by one or <del>both </del> <add> more </add> of <del>2</del>3 expedients: </p> | |||
<p>1st By the fortuitousness of their appointment </p> | |||
<p> 2<hi rend='superscript'>dly</hi> By the suddenness of it </p> | |||
<p> 3<hi rend='superscript'>dly</hi> By the <del> operation </del> <add> effects of </add> the power of reservation lodged <lb/> either in both parties or in the party most <lb/> obnoxious to oppression <del> amounting </del> <add> approaching </add> in a certain <lb/> degree to a choice </p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | |||
{{Metadata:{{PAGENAME}}}}{{Completed}} | |||
CERTAINTY JURY Advantages of that Trial what -
1 The [essence virtue of the superior excellence] of the Jury
Trial is not lodged [consists not in the Number 12: although
there are 12 months in the year, 12 signs
in the Zodiac, although there were 12 Peers
of France, 12 Gods of the 1st Rank, & 12
Apostles
2 It consists not in the constrained union of voices
for we must not call it unanimity.
Such an union among the Judges seems at first
sight to be much the same test of Truth, as
The only answer to this is that it is fit the decision should be in weights determination of the decision should the ratio as well of the intensity as of the number of Suffrages
Fortune is with respect to the Criminal: the one
depending upon the rigidity of the nervous fibres
the other upon the obstinacy of the mental frame.
It consists not in the opportunities of extra-judicial;
[+] [+] in other words, their absolute capacity for judging intelligence [+] than ill grounded reason for the qualification
of strict neighbourhood, exacted by the
old Law, now no more: Not the fact in question
---page break---
was then tried, but a thousand other facts at
that bore no relation to it: the accused was
. . . . . . . . . .
or hunted down by party claimer: the interests
prejudices, hopes & fears of the Judges were c
cast altogether into the Scale — In those Ages
there is no end of complaints of their iniq iniquities:
The atrocious punishments of Actains
[and liners of the execution of which sworn in
the Books] was but a feeble check. rein
The reason why a certain degree of neighbo
is still required is a very different one, it
regards the benefit of different persons: it regards in a
respect the accused, it regards the Jury
themselves: it ensures them against the in inconveniences
of long travel.
4 It consists not criminally in their absolute capacity
of for Judging: that would be more excellent if they th
were taken not as here out of the uncultion illustration
except in certain causes of which from such action, the burthen rest peculiarly on them: as mercantile affairs.
---page break---
promiscuous herd but as in most countries from
men prepared for the office by discipline & :
in a word if they were not Jurymen
but Judges.
5 It consists not much little in their substance any further than their capacity for judging may be affected by it : in their substance: [the matter object of many anxious regulations of our Ancestors which might with more advantage have been pointed to the object which I was about to mention.]
It consists in their indifference
This indifference is second in different instances
by one or both more of 23 expedients:
1st By the fortuitousness of their appointment
2dly By the suddenness of it
3dly By the operation effects of the power of reservation lodged
either in both parties or in the party most
obnoxious to oppression amounting approaching in a certain
degree to a choice
|
Identifier: | JB/050/160/001"JB/" can not be assigned to a declared number type with value 50. |
|||
|---|---|---|---|
|
050 |
procedure code |
||
|
160 |
certainty jury advantages of that trial what |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
||
|
16151 |
|||
