JB/050/081/001

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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 power 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.

When you have compleatedperfected your definition of the C so as (as near as inmay be
to take in all the mischief and nothing more than the mischief then have yo
done all that there is for the Law to do — The Judge has nothing mor
to do (and surely it is enough) than to superintend the order - and conduct of the procee-ding
to keep the Council within their duty, to interrogate the living witnesses where re thinks
proper, to examine & explain the dead inanimate evidence, to sum up the whole evidence
together to remark in it for the assistance of the Jury, the strong the weak, what <add>he thinks</add>strong <add>in the one</add> what i
the what on the other side, & what ambiguous - all this preparatory to the verdict - after it, in another plplace:
to give his 2 vote and 1opinion at least his opinion, if he is not satisfied with it for
the setting of it aside.

+ Explain this further - this is
the case of coining the proof of which
has been from the very first substituted
by the Law (indeed the common Law
but there a Law the powers of those
where decisions made Common Law
were nott so confined as they now
are since the establishment of a regular
Legislation) instead of the proof of the <gap/ulaton
of the bad coin, which alone
it is that in fact producing the mischief.

All questions of intention are questions of fact: because either there is as fac
the connexion of which with a certain intention is absolutely necessary, & thereforestandingst
alone it ought not to be madein all case conclusive of each intention, And therefore Judges ought not to decide concerning the
because their opinions cannot (as well as Judges opinions
some & as a for future & in case or if there be it is of committed of the like kind
obviously is that even simple men are not likely to fail mistake of promising it, & therefore thiago
Judges ought not because they need not; or elselastly the conviction tho' necessary is so remote +, the The Law may perhaps be admitted to doubt decide
that such a thing shall not be
evidence to the effect that uponthe
Jury shall not upon the evidit
of it find their verdict, because it may prevent it'sbeing afford
to them. but it may not to
ecide that such a thing shall be evidence, to the effect that the Jury shall upon the credit of it found their verdict when
it is affer'd them, because that would be annihilating their office.

Identifier: | JB/050/081/001"JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	081	Info in main headings field	certainty procedure law & fact
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16072
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