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<p><del>So in the case of the <add>when the proceedings are considered</add> inquisitorial mode</del><lb/></p> | |||
<!-- The following paragraph is crossed out --><p>When therefore precipitation in judiciation is spoken of, the<lb/>sort of <add>shape in which the supposed</add> undue precipitation presents itself naturally is - that<lb/>which has place <del>so</del> in so far as the Judge in pronouncing<lb/>upon the evidence and the argument had before him, fail of<lb/>occupying in the consideration of the subject so great a length<lb/> of time as is necessary to the securing the the decision here pronounced<lb/>the quality <add>property <add>attribute</add> of rectitude.<lb/></p><del><p>How a</del> Precipitation in judicature thus understood,<lb/>now let us see whether of all <gap/><gap/> it is the most <lb/>dangerous.<lb/></p>Look to English judicature. <del>Wortm a</del> Adverse as<add>,</add> <del>to</del> <add><del>this system</del></add><lb/>in so large a part of its extent, <del>ext</del> <add>the system is - </add> uncontroveribly adverse<lb/>to the end of justice - <add>still, taken as a whole</add> it is perhaps the least <add>upon the whole</add> so if any as yet <add>any where</add><lb/>established: stronger indeed it would be, if it were not<lb/><del><gap/> : there</del> much less is there that of Spain. Of this system<lb/>the part <add>in most general estimation, & of the <hi rend="underline">testimonial</hi> <gap/></add> <del>most <add>generally</add> exteemed and</del> the part <del><gap/></del> least reasonably<lb/>esteemed is that, in which <del>a Juror per</del> the judicating<lb/>is composed of a professional Judge, with a company of non-<lb/>professional Judges under the name of a Jury: the Jury, <add>in the exercise of their functions,</add> acting<lb/>in so far as <gap/>, under the guidance of the Judge. To all<lb/>now - Immediately after the evidence <add>with <del>the</del> <add>such</add> <add>comments <add>as have been made</add> <add>on it</add>, is closed <hi rend="superscript">1</hi> <del>not after it</del><lb/>without every the hearing any opinion from <lb/>before the Judge opinion of the Judge is pronounced <gap/> <add>always</add> <gap/><lb/>the opinion decree of the Jury not <gap/> <gap/> for <add>after</add><lb/>the hearing of that same opinion. The promptitude thus displayed<lb/>is it in the <gap/> of <hi rend="underline">precipitation</hi> to exceed it? This <add>same</add> promptitude<lb/><add>is given.</add> has it ever, <add>on the part of any person , been</add> the subject of complaint? No never. Where promptitude in <lb/>this<lb/>this degree has place, <lb/>does it ever enter into<lb/><del>the</del> <add>any <del>one</del> man's</add> corruption, <del><gap/></del> that <del>the</del> <add>any</add><lb/><add>such</add> disapprobative appellations<lb/>as <hi rend="superscript">precipitation</hi> is <del>in that account</del> applicable<lb/>to it? No, never.<lb/>if such promptitude in<lb/>such a degree, and in no <del>and greater <gap/> <gap/><lb/>higher degree </del> can it have place?<lb/><del>whi is</del> <hi rend="underline">precipitation</hi>, preciptitaion so far from being the most dangerous <gap/> a <gap/> Spanish judicature can <gap/>, may might with much more propriety <del>be termed the petty</del> | |||
So in the case of the when the proceedings are considered inquisitorial mode
When therefore precipitation in judiciation is spoken of, the
sort of shape in which the supposed undue precipitation presents itself naturally is - that
which has place so in so far as the Judge in pronouncing
upon the evidence and the argument had before him, fail of
occupying in the consideration of the subject so great a length
of time as is necessary to the securing the the decision here pronounced
the quality property <add>attribute of rectitude.
How a Precipitation in judicature thus understood,
now let us see whether of all it is the most
dangerous.
Identifier: | JB/036/095/002"JB/" can not be assigned to a declared number type with value 36. |
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1822-08-12 |
12-15 |
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036 |
constitutional code |
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095 |
constitut. code |
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002 |
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text sheet |
1 |
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recto |
a11 / b6 / d9 / e5 |
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jeremy bentham |
[[watermarks::i&m [fleur de lys] 1818]] |
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arthur wellesley, duke of wellington |
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1818 |
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11019 |
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