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<p>the more firmly the chains of aristocratical or<lb/> any other tyranny would in consequence be | <p>the more firmly the chains of aristocratical or<lb/> any other tyranny would in consequence be riveted<lb/> by them. To say that a Jury or any other<lb/> species of tribunal <add>can</add> will in virtue of its impartiality<lb/> of <del><gap/></del> the rectitude of its decisions<lb/> of their conformity to the fact and to the law<lb/> <add>have it in its power</add> cure or even palliate a vice in the laws is to<lb/> say that the more strictly a <del>bad law</del> mischievous<lb/> law is executed the <del>more</del> less mischief it will<lb/> do. <!-- following is struck out with very light strokes --><del>Nor if it be at all in the power <add>nature</add> of this<lb/> <del>trial</del> tribunal to palliate.</del> How should a <del>Juries</del><lb/> justly-deciding Jury use the smallest defect in the<lb/> body of the laws? Is it for them to <hi rend='underline'>make</hi> Law?<lb/> <unclear>Who</unclear>: <del>it is not for</del> nor so much as to <hi rend='underline'>declare</hi> it: declaring<lb/> the law is as much as Judges ever <add>profess</add> pretend<lb/> to do to have a right to do: ill as their<lb/> practice accords with their pretensions <add>professions</add>. - No: —<lb/> if it be at all in the power of this tribunal to <add>assuage</add> palliate<lb/> in the smallest degree the <add>disease</add> vice of aristocracy<lb/> in the laws or any other <add>disease</add> vice, it is not by<lb/> probity but by improbity. not by rectitude of decision<lb/> but by <add>studied <add>purposed</add></add> error: not by true<lb/> verdicts but by false ones: not by <add>forwarding</add> contributing to<lb/> the execution of the laws, but by preventing it:<lb/> not by rendering them effectual but by rendering<lb/> them impotent and inoperative. </p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
the more firmly the chains of aristocratical or
any other tyranny would in consequence be riveted
by them. To say that a Jury or any other
species of tribunal can will in virtue of its impartiality
of the rectitude of its decisions
of their conformity to the fact and to the law
have it in its power cure or even palliate a vice in the laws is to
say that the more strictly a bad law mischievous
law is executed the more less mischief it will
do. Nor if it be at all in the power nature of this
trial tribunal to palliate. How should a Juries
justly-deciding Jury use the smallest defect in the
body of the laws? Is it for them to make Law?
Who: it is not for nor so much as to declare it: declaring
the law is as much as Judges ever profess pretend
to do to have a right to do: ill as their
practice accords with their pretensions professions. - No: —
if it be at all in the power of this tribunal to assuage palliate
in the smallest degree the disease vice of aristocracy
in the laws or any other disease vice, it is not by
probity but by improbity. not by rectitude of decision
but by studied <add>purposed</add> error: not by true
verdicts but by false ones: not by forwarding contributing to
the execution of the laws, but by preventing it:
not by rendering them effectual but by rendering
them impotent and inoperative.
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Identifier: | JB/035/068/001"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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068 |
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001 |
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text sheet |
1 |
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recto |
d3 |
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jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
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10661 |
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