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<!-- date, heading and marginal note in pencil --> <p>August 1805 6</p> <head><del>Evidence</del> Procedure</head> <p><note><gap/><lb/> <gap/><lb/> §§.3 Reasons</note><lb/> (2) (2</p> <p>1. No cause is subjected in the first instance to the <sic>cognizance</sic><lb/> of the Jury. This secures to the <add>both</add> parties, <add> and extends to all causes without exception</add> wherever they are both satisfied<lb/> with the <sic>judgment</sic> of the immediate <gap/>, secures in its utmost<lb/> perfection the advantage of the natural mode of procedure; <add>of</add> the most<lb/> <del>summary</del> <add> summary, the least extensive vexations and <gap/></add> cause of providing that the individual case will <sic>admitt.</sic><lb/> If by neither party the <add>unavoidably</add> complicated mode of procedure<lb/> by Jury be regarded as advantageous, <add>beneficial</add> why resort to <add>employ</add> it? To resort<lb/> to it would be to substitute prejudice and bigotry to <gap/>;<lb/> to consider the arrangement <add>the institution</add> tied as a <gap/>, but as an end.</p> <p>It is only therefore when one or other of the parties is desirous<lb/> of resorting to this institution, that there can be any reason for<lb/> <add>the</add> employing of it.</p> <p><add>Under the technical system</add> Nineteen causes out of twenty are produced not by any doubt<lb/> as to <add>in point</add> the matter of right, or <del>wa</del> so much as any hopes <del><gap/></del> on the<lb/> part of the defendant of being able ultimately to elude compliance<lb/> with the demand, but by a reluctance or inability, temporary<lb/> or total <add> ultimate</add> on the part of the defendant, to satisfy it. In all<lb/> these cases, the intervention of a Jury is of no use whatever — so<lb/> much useless <add>complication</add> <sic>expence</sic>, vexation and delay. <del>It is <gap/> the<lb/> <gap/> <gap/> to</del> This then is an immense breed of collateral injustice<lb/> without <del>any</del> the smallest advantage to direct <add> <del>the dir</del> the direct ends of</add> justice.</p> <p>In this way Juries <add>the institution</add> would be eased of all causes in which they <add>it is</add> <lb/> were of no use to any body:</p> <p> On the other hand <del>it was</del> <add> it would give</add> a variety of causes <del> in which it<lb/> is <add>may be</add> of use</del> to which, though as well adapted to them as to any <add>others</add><lb/> to which it is applied, it is not applied in present practice. <add> in the existing order of things.</add></p> | |||
August 1805 6
Evidence Procedure
§§.3 Reasons
(2) (2
1. No cause is subjected in the first instance to the cognizance
of the Jury. This secures to the both parties, and extends to all causes without exception wherever they are both satisfied
with the judgment of the immediate , secures in its utmost
perfection the advantage of the natural mode of procedure; of the most
summary summary, the least extensive vexations and cause of providing that the individual case will admitt.
If by neither party the unavoidably complicated mode of procedure
by Jury be regarded as advantageous, beneficial why resort to employ it? To resort
to it would be to substitute prejudice and bigotry to ;
to consider the arrangement the institution tied as a , but as an end.
It is only therefore when one or other of the parties is desirous
of resorting to this institution, that there can be any reason for
the employing of it.
Under the technical system Nineteen causes out of twenty are produced not by any doubt
as to in point the matter of right, or wa so much as any hopes on the
part of the defendant of being able ultimately to elude compliance
with the demand, but by a reluctance or inability, temporary
or total ultimate on the part of the defendant, to satisfy it. In all
these cases, the intervention of a Jury is of no use whatever — so
much useless complication expence, vexation and delay. It is the
to This then is an immense breed of collateral injustice
without any the smallest advantage to direct the dir the direct ends of justice.
In this way Juries the institution would be eased of all causes in which they it is
were of no use to any body:
On the other hand it was it would give a variety of causes in which it
is may be of use to which, though as well adapted to them as to any others
to which it is applied, it is not applied in present practice. in the existing order of things.
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Identifier: | JB/057/099/001"JB/" can not be assigned to a declared number type with value 57. |
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057 |
evidence; procedure code |
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099 |
[[info_in_main_headings_field::[evidence deleted] procedure]] |
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001 |
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text sheet |
1 |
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recto |
c2 / d6 / e1 |
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jeremy bentham |
1800 |
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1800 |
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18429 |
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