JB/036/095/002: Difference between revisions

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Find a new page on our Untranscribed Manuscripts list.

JB/036/095/002: Difference between revisions

Mctwsf (talk | contribs)
No edit summary
Mctwsf (talk | contribs)
No edit summary
Line 8: Line 8:


<p><del>How a</del> Precipitation in judication thus understood,<lb/>now let us see whether of all unarguable rules it is the most <lb/>dangerous.<lb/></p>Look to English judicature.  <del>Wortm or</del>  Adverse as <add>,</add> <del>it</del> <add><del>this system</del></add><lb/>in so large a part of its extent, <del>in</del> <add>the system is - </add> uncontroveribly adverse<lb/>to the ends of justice <add>, - still, taken as a whole</add> it is perhaps the least <add><del>upon the whole</del></add> so of any as yet <add>any where</add><lb/>established: strange indeed it would be, if it were not<lb/><del>France : there</del> much less so than that of Spain.  Of this system<lb/>the part <add>in most general estimation, & of the  <hi rend="underline">testimonial</hi> branch</add> <del>most <add>generally</add> esteemed and</del> the part <del><gap/></del> least undeservedly <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 disposed, under the guidance of the Judge.  Well<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> <add>
<p><del>How a</del> Precipitation in judication thus understood,<lb/>now let us see whether of all unarguable rules it is the most <lb/>dangerous.<lb/></p>Look to English judicature.  <del>Wortm or</del>  Adverse as <add>,</add> <del>it</del> <add><del>this system</del></add><lb/>in so large a part of its extent, <del>in</del> <add>the system is - </add> uncontroveribly adverse<lb/>to the ends of justice <add>, - still, taken as a whole</add> it is perhaps the least <add><del>upon the whole</del></add> so of any as yet <add>any where</add><lb/>established: strange indeed it would be, if it were not<lb/><del>France : there</del> much less so than that of Spain.  Of this system<lb/>the part <add>in most general estimation, & of the  <hi rend="underline">testimonial</hi> branch</add> <del>most <add>generally</add> esteemed and</del> the part <del><gap/></del> least undeservedly <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 disposed, under the guidance of the Judge.  Well<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> <add>
<note>without <add>so much as</add> a moments <lb/>delay taken for reflection, <lb/><lb/>comes if at all <lb/>the opinion of the Judge: <lb/>opinion or no opinion <lb/>immediately again , as <lb/>often as not, the decision <lb/>of the Jury.<lb/></note><del>no time for <gap/></del> by</add> <del>sometime</del> can<lb/><del>without <gap/><gap/> <add>every</add>  hearing any opinion from</del> <lb/><del>before the Judge opinion of the Judge is pronounced in every case <add>always</add></del> <lb/><del>the opinion <add>decree</add> of the Jury not <gap/> <gap/> for <add>after</add></del><lb/><del>the hearing of that same opinion.</del>  The promptitude thus displayed<lb/>is it in the power of <hi rend="underline">precipitation</hi> to exceed it?  This <add>same</add> promptitude<lb/><add>as 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> conception, <del>if</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 <del>such</del> promptitude in<lb/>such a degree, and in no <del><del>and greater can it exceed</del><lb/>higher degree </del> can it have place <lb/><del>which</del> is <hi rend="underline">precipitation</hi>, preciptitaion so far from being the most dangerous <gap/> a <gap/> <del>Spanish</del> judicature can <gap/>, <del>may</del> <add>might</add> with much more propriety <del>be termed the petty</del> <add>as in the language of the same rhetoric be spoken of as the</add> harbour towards which it is to be wished that its course should <add><del>may</del></add> be deviated.<lb/>
<note>without <add>so much as</add> a moments <lb/>delay taken for reflection, <lb/>comes if at all <lb/>the opinion of the Judge: <lb/>opinion or no opinion <lb/>immediately again , as <lb/>often as not, the decision <lb/>of the Jury.<lb/></note><del>no time for <gap/></del> by</add> <del>sometime</del> can<lb/><del>without <gap/><gap/> <add>every</add>  hearing any opinion from</del> <lb/><del>before the Judge opinion of the Judge is pronounced in every case <add>always</add></del> <lb/><del>the opinion <add>decree</add> of the Jury not <gap/> <gap/> for <add>after</add></del><lb/><del>the hearing of that same opinion.</del>  The promptitude thus displayed<lb/>is it in the power of <hi rend="underline">precipitation</hi> to exceed it?  This <add>same</add> promptitude<lb/><add>as 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> conception, <del>if</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 <del>such</del> promptitude in<lb/>such a degree, and in no <del><del>and greater can it exceed</del><lb/>higher degree </del> can it have place <lb/><del>which</del> is <hi rend="underline">precipitation</hi>, preciptitaion so far from being the most dangerous <gap/> a <gap/> <del>Spanish</del> judicature can <gap/>, <del>may</del> <add>might</add> with much more propriety <del>be termed the petty</del> <add>as in the language of the same rhetoric be spoken of as the</add> harbour towards which it is to be wished that its course should <add><del>may</del></add> be deviated.<lb/>





Revision as of 04:24, 22 December 2017

Click Here To Edit

So in the case of the when the proceedings are considered inquisitorial mode

When therefore precipitation in judication 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 arguments had before him, fail of
occupying in the consideration of the subject so great a length
of time as is necessary to the securing to the decision he pronounces
the quality property <add>attribute of rectitude.

How a Precipitation in judication thus understood,
now let us see whether of all unarguable rules it is the most
dangerous.

Look to English judicature. Wortm or Adverse as , it this system
in so large a part of its extent, in the system is - uncontroveribly adverse
to the ends of justice , - still, taken as a whole it is perhaps the least upon the whole so of any as yet any where
established: strange indeed it would be, if it were not
France : there much less so than that of Spain. Of this system
the part in most general estimation, & of the testimonial branch most generally esteemed and the part least undeservedly
esteemed is that, in which a Juror per the judicating
is composed of a professional Judge, with a company of non-
professional Judges under the name of a Jury: the Jury, in the exercise of their functions, acting
in so far as disposed, under the guidance of the Judge. Well
now - Immediately after the evidence with the <add>such comments <add>as have been made on it, is closed 1

<note>without <add>so much as a moments
delay taken for reflection,
comes if at all
the opinion of the Judge:
opinion or no opinion
immediately again , as
often as not, the decision
of the Jury.
</note>no time for by</add> sometime can
without every hearing any opinion from
before the Judge opinion of the Judge is pronounced in every case always
the opinion decree of the Jury not for after
the hearing of that same opinion. The promptitude thus displayed
is it in the power of precipitation to exceed it? This same promptitude
as given. has it ever, on the part of any person , been the subject of complaint? No, never. Where promptitude in
this
this degree has place,
does it ever enter into
the any one man's conception, if that the any
such disapprobative appellations
as precipitation is in that account applicable
to it? No, never.
If such promptitude in
such a degree, and in no and greater can it exceed
higher degree can it have place
which is precipitation, preciptitaion so far from being the most dangerous a Spanish judicature can , may might with much more propriety be termed the petty as in the language of the same rhetoric be spoken of as the harbour towards which it is to be wished that its course should may be deviated.










Identifier: | JB/036/095/002"JB/" can not be assigned to a declared number type with value 36.

Date_1

1822-08-12

Marginal Summary Numbering

12-15

Box

036

Main Headings

constitutional code

Folio number

095

Info in main headings field

constitut. code

Image

002

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

a11 / b6 / d9 / e5

Penner

jeremy bentham

Watermarks

[[watermarks::i&m [fleur de lys] 1818]]

Marginals

jeremy bentham

Paper Producer

arthur wellesley, duke of wellington

Corrections

Paper Produced in Year

1818

Notes public

ID Number

11019

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk
  • Create account
  • Log in