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the setting of it aside.</p> | the setting of it aside.</p> | ||
<note><add>+</add> Explain this further - this is <lb/> | |||
the case of coining the proof of which<lb/> | |||
has been from the very first substituted<lb/> | |||
by the Law (indeed the common Law<lb/> | |||
but <unclear>there a Law</unclear> the powers of those<lb/> | |||
where decisions made Common Law<lb/> | |||
were nott so confined as they now <lb/> | |||
are since the establishment of a regular<lb/> | |||
Lagislation) instead of the proof of the <gap/ulaton<lb/> | |||
of the bad coin, which alone<lb/> | |||
it is that in fact producing the mischief. </note></p> | |||
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
Lagislation) instead of the proof of the <gap/ulaton
of the bad coin, which alone
it is that in fact producing the mischief.
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Identifier: | JB/050/081/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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081 |
certainty procedure law & fact |
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001 |
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text sheet |
1 |
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recto |
c1 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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16072 |
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