JB/013/023/001

Click Here To Edit

1820 Sept 20

In answer to Mora

Jury — In my draft of a Judicial Establishment if you ever
look at it, you will be surprised to see how narrow the use is
that I make of the Jury Box. On that work I see the work contains
no reasons: before it got that length the critical part
stopped. My sense of the importance of that institution and in
consequence my attachment to it are not less strong than any
body's but being grounded on reasoning and not on prejudice
is discriminated. It is for example to this, and to this alone, that
England is indebted to the sort of Liberty of the Press, which she
possesses: a continual precarious Liberty in fact, but in Law no
more Liberty than in alloweed: for the Liberty of the Press depends
on Libel Law and Libel Law is in a state of Common Law alias
unwritten Law alias Imaginary Law alias Sham Law alias
Judge-made Law, as we say Home-made Bread and Town-made
Cutlery were: and Judge-made Law is the will of the Judge:
and the will of the Judge is the will of the King, who by certain
instruments tools of his called Money, Power and factitious Dignity makes
upon every occasion such wills as he has occasion for.

Accordingly in some cases But the complication
delay, vexation and expence inseperable from it, make it a very
commedious instrument, a remedy much worse than the disease
in by for the greater number of causes individually
taken, if I remember right I did not employ it in any sort of civil
i.e. non penal cause, nor even in penal causes, except in such
in which the punishment rose to a certain magnitude. In
England the great use of Jury Trial in penal cases is to destroy
or weaken the effect of the penal Law where there ought to be
no such penal Law. Thus in the case of Political Libel it is
good as far as it operates in Libel Law. But why is it good?
only because there should be no such Libel Law: in the United States there is not such
States there is no such Libel Law

Identifier: | JB/013/023/001"JB/" can not be assigned to a declared number type with value 13.
Date_1	1820-09-20	Marginal Summary Numbering
Box	013	Main Headings	rid yourselves of ultramaria
Folio number	023	Info in main headings field	in answer to mora
Image	001	Titles
Category	correspondence	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	richard doane	Watermarks	[[watermarks::[fleur de lys] i&m 1818]]
Marginals		Paper Producer	arthur wellesley, duke of wellington
Corrections	jeremy bentham	Paper Produced in Year	1818
Notes public		ID Number	4472
Box Contents