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<p>makes amends for its own mischief by the distinction<lb/> of a worse. In this way a <unclear>set</unclear> of <del><gap/></del><lb/> anti-aristocratical Juries may frustrate <add>baffle</add> the<lb/> machinations of an aristocratical Judge.</p> | |||
<!-- indent --> <p> But setting aside the assessment of the<lb/> quantum of damages whatever <add>it is in the <gap/> pf Juries to</add> good Juries can<lb/> do towards counteracting artistocratical projects<lb/> <del>can only be done upon the <gap/></del> <add>without perjury</add><lb/> can no otherwise be done without perjury thereby<lb/> taking upon them in despite of Judges to<lb/> determine the question of law: for if Judges<lb/> in spite of Juries are to make the law and juries<lb/> are to determine the fact according to the truth<lb/> of things, neither against the mischief of aristocracy<lb/> nor against any other mischief in the<lb/> laws can the power they exercise have the smallest<lb/> effect whatsoever. What the Defendant has<lb/> done, they find in every case that he has done:<lb/> and what he has done is an act obnoxious to<lb/> the aristocracy and which as such has been forbidden<lb/> by the laws. <add>By giving a true decision on<lb/> the question of fact</add> By finding the fact as in<lb/> truth it happened, what can they do to save him?<lb/> <unclear>altho</unclear> if they save him, it must be by one of two<lb/> things: by giving a false decision on the question of<lb/> fact, or by giving a decision <add>in his favour</add> true or false on the question of law.</p> | |||
makes amends for its own mischief by the distinction
of a worse. In this way a set of
anti-aristocratical Juries may frustrate baffle the
machinations of an aristocratical Judge.
But setting aside the assessment of the
quantum of damages whatever it is in the pf Juries to good Juries can
do towards counteracting artistocratical projects
can only be done upon the without perjury
can no otherwise be done without perjury thereby
taking upon them in despite of Judges to
determine the question of law: for if Judges
in spite of Juries are to make the law and juries
are to determine the fact according to the truth
of things, neither against the mischief of aristocracy
nor against any other mischief in the
laws can the power they exercise have the smallest
effect whatsoever. What the Defendant has
done, they find in every case that he has done:
and what he has done is an act obnoxious to
the aristocracy and which as such has been forbidden
by the laws. By giving a true decision on
the question of fact By finding the fact as in
truth it happened, what can they do to save him?
altho if they save him, it must be by one of two
things: by giving a false decision on the question of
fact, or by giving a decision in his favour true or false on the question of law.
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Identifier: | JB/035/020/003"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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020 |
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003 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10613 |
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