★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
Line 24: | Line 24: | ||
<p>The <del>power of the</del> <add>share taken by </add> Jury in the complex decision secures [to] it <add><sic>it's</sic></add> <sic>aception</sic> among <add>with</add><lb/> | <p>The <del>power of the</del> <add>share taken by </add> Jury in the complex decision secures [to] it <add><sic>it's</sic></add> <sic>aception</sic> among <add>with</add><lb/> | ||
the people | the people - The <add>Legislative definition<add>declaration</add> according to which it is framed <add>whereby it is <unclear>guided</unclear></add></add>unclear>prev</unclear> definitive <sic>lawer</sic> of the Legislation] [supplied where <del>def</del> <add> <sic>dificient</sic> </add> <lb/> | ||
by the | by the Judges, <add>Court</add> it's uniformity with the rest of the system i:e: it's <del>general</del> <add>relative</add> ability; <unclear>th</unclear><lb/> | ||
power of the Judges of setting it aside & sending the question to be <unclear>retried</unclear>, <sic>it's</sic> <add>particular</add> <del>pa</del> <lb/> | |||
utility. <add> <gap/> </add> <lb/> | utility.</p> <add> <gap/> </add> <lb/> | ||
<!-- There is a fold or crease across the manuscript at this point. --> | <!-- There is a fold or crease across the manuscript at this point. --> |
CERTAINTY. PROCEDURE. LAW & FACT.
It is right of advantage that the power of deciding on questions of law, & the power of deciding on
the question of fact, should be vested in separate hands: if those two powers are confou
in the hands of those to whom the latter power alone properly belongs
If in the hands of those to whom the former appertains the restraint is gone which cons
in the consciousness that the Law declared against this or that man invest beLaw
against all other and themselves -. what
What verges towards this inconvenience is the habit of too minute generalisatings axiomatization
stretching the bounds of Law too far, whereby it happens that the rules laid dow
are so narrow as not scarce to take in any more others than the precise case on the occasion ofwhich occasioned there
which they were pronounced. - This as to the arbitrary
<unclear>power it gives to the Judge, is in it gives to partialitotics may become
tantamount to the power of determination of the matter of fact superadded to that of Law.
The power of the share taken by Jury in the complex decision secures [to] it it's aception among with
the people - The Legislative definition<add>declaration according to which it is framed whereby it is guided</add>unclear>prev</unclear> definitive lawer of the Legislation] [supplied where def dificient
by the Judges, Court it's uniformity with the rest of the system i:e: it's general relative ability; th
power of the Judges of setting it aside & sending the question to be retried, it's particular pa
utility.
Identifier: | JB/050/081/001"JB/" can not be assigned to a declared number type with value 50. |
|||
---|---|---|---|
050 |
procedure code |
||
081 |
certainty procedure law & fact |
||
001 |
|||
text sheet |
1 |
||
recto |
c1 |
||
jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
||
16072 |
|||