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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 <unclear>confirmation</unclear>, that cases <lb/> may be adduced in which for an undeniable wrong, compensation <lb/>has been <unclear>enforced</unclear> by them altogether. —</p> | 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 <unclear>confirmation</unclear>, 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 --> | |||
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> | |||
<p><!-- indent --> | |||
Of the<add> <sic>alledged</sic></add> mischief the existence is admitted: <add>not contested:</add> but<lb/> that Jury trial, <add>considered</add> on its application to this particular purpose<lb/> is the fittest remedy, does not follow.</p> | |||
<p><!-- indent --> | |||
The mischief consists in the <unclear>want</unclear> of rules: <lb/>of rules laid down by the only competent authority - <lb/> the legislature.</p> | |||
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Because <add>in the <add>that particular instance in question</add> the Court <del>ha</del> once erred, having no <lb/>rules <add>obligations</add> to go by, it follows not that it would fall <lb/> | |||
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
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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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