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<head>I <lb/>JURIES</head>After the Pains <del>I have</del> taken in so many instances in the course of this work, to <del>furnish</del> inculcate<lb/>the necessity of abandoning <add>in the score of impracticability</add> many points <del>of</del> which catch the eye by their obvious and<lb/>real utility: I have some reason to hope I shall not be accused of a <add>vast</add> propensity to <gap/><lb/>every thing <add>branch</add> to a parallelism with Ideal <add>&amp; unattainable</add> Rectitude <note>or by  grasping at unattainable perfection to let go that - - - - - <add>degree</add> I have of good order which we <add>is</add> in <gap/><add>within our reach</add> <unclear>profess</unclear>. <add></note>This necessity</add> I have seen [&amp;] I have acknowledged<lb/> &amp; [I have inculcated]. the necessity of <del>assuring</del> <add>satisfying</add> ourselves before we conclude finally for<lb/>the extirpation of an evil <add>of two points,</add> both that <del>the</del> means we employ for the purpose are not themselves<lb/><add>of such a nature as to be</add> productive of a greater; <gap/>: that the evil <del><gap/></del> question is not itself the necessary<lb/>&amp; only antidote to a greater.<p>paragraph</p>The Evil I am here about to consider, &amp; <del>which</del> the abolition of which is one object of my<lb/><sic>endevors,</sic> is the <sic>practise</sic> become habitual on Juries&amp; <add>&amp; sanctioned by the tacit approbation if not by the encouragement of Judges</add> of <add>knowingly</add> <gap/> false verdicts in the<lb/>following cases. [already commented &amp; observed upon in their [respective] places.<lb/>1. In that of Suicide - that the deceased did the fatal Act in a fit of Lunacy, which<lb/>he was known to have done deliberately in his right mind.<p>paragraph</p>In this indeed the practise is not entirely uniform, &amp; from it's not being so is one<lb/>of the very few if not the only one in which the conduct of this Tribunal is not free<lb/>from suspicions of corruption.<p>paragraph</p>2. In that of Deodands; when the Value of the thing forfeited is reduced to nothing,<lb/> by that part <add>only</add> of a <add><gap/><gap/> animate &amp; inanimate</add> <gap/> <del>where <gap/> altogether</del> concerned in the production of<lb/>the death of a man which was in actual contact with him<lb/>to plain &amp; obvious Truth moving to his death<p>paragraph</p>3. In that of Larceny - When Juries will pronounce in their verdict a thing taken<lb/>to be not worth one Shilling <add>which thing &amp;</add> every body shall see to be worth fifty.<p>paragraph</p>Of an integrity <add>indeed more</add> unquestionable because <add>still less obnoxious</add> [not] exposed to temptation <add>than <gap/> which is so little</add>; and advantage which stands in the<lb/>place of all the rest, &amp; <gap/> <add>exceeds</add> <add><gap/></add> them altogether; but of a Judgement <add>more</add> liable to be reduced by passion<lb/>under the <unclear>beacon</unclear> <add>guise</add> <gap/> of Zeal of duty, &amp; by Caprice &amp; of Humanity under the guise of improvement &amp; correction: of correction<lb/>to be <sic>administer'd</sic> by those accustomed to view things only in the little, upon the work of men practised <add>executed</add> &amp; indirectly<lb/><note>After the removal therefore of these few exceptions, <gap/> may be reached as a <gap/> <add>practical</add><gap/> to be retained, <gap/> from henceforth by any exceptions or limitations, that the Verdict of <del>the</del> <add>a</add> Jury [ought to] be in all cases whatsoever a faithful image of <add>&amp; unaffected picture</add> their <sic>judgment</sic>; that is of the original judgment either of all, or of such to whom the rest for the sake of bringing the matter to a conclusion have from the acknowledged majority deferred.
<head>I <lb/>JURIES</head>After the Pains <del>I have</del> taken in so many instances in the course of this work, to <del>furnish</del> inculcate<lb/>the necessity of abandoning <add>in the score of impracticability</add> many points <del>of</del> which catch the eye by their obvious and<lb/>real utility: I have some reason to hope I shall not be accused of a <add>vast</add> propensity to <gap/><lb/>every thing <add>branch</add> to a parallelism with Ideal <add>&amp; unattainable</add> Rectitude <note>or by  grasping at unattainable perfection to let go that - - - - - <add>degree</add> I have of good order which we <add>is</add> in <gap/><add>within our reach</add> <unclear>profess</unclear>. <add></note>This necessity</add> I have seen [&amp;] I have acknowledged<lb/> &amp; [I have inculcated]. the necessity of <del>assuring</del> <add>satisfying</add> ourselves before we conclude finally for<lb/>the extirpation of an evil <add>of two points,</add> both that <del>the</del> means we employ for the purpose are not themselves<lb/><add>of such a nature as to be</add> productive of a greater; <gap/>: that the evil <del><gap/></del> question is not itself the necessary<lb/>&amp; only antidote to a greater.<p>paragraph</p>The Evil I am here about to consider, &amp; <del>which</del> the abolition of which is one object of my<lb/><sic>endevors,</sic> is the <sic>practise</sic> become habitual on Juries <add>&amp; sanctioned by the tacit approbation if not by the encouragement of Judges</add> of <add>knowingly</add> <gap/> false verdicts in the<lb/>following cases. [already commented &amp; observed upon in their [respective] places.<lb/><head>1.</head> In that of Suicide - that the deceased did the fatal Act in a fit of Lunacy, which<lb/>he was known to have done deliberately in his right mind.<p>paragraph</p>In this indeed the practise is not entirely uniform, &amp; from it's not being so is one<lb/>of the very few if not the only one in which the conduct of this Tribunal is not free<lb/>from suspicions of corruption.<p>paragraph</p><head>2.</head> In that of Deodands; when the Value of the thing forfeited is reduced to nothing,<lb/> by that part <add>only</add> of a <add><gap/><gap/> animate &amp; inanimate</add> <gap/> <del>where <gap/> altogether</del> concerned in the production of<lb/>the death of a man which was in actual contact with him<lb/>to plain &amp; obvious Truth moving to his death<p>paragraph</p><head>3.</head> In that of Larceny - When Juries will pronounce in their verdict a thing taken<lb/>to be not worth one Shilling <add>which thing &amp;</add> every body shall see to be worth fifty.<p>paragraph</p>Of an integrity <add>indeed more</add> unquestionable because <add>still less obnoxious</add> [not] exposed to temptation <add>than <gap/> which is so little</add>; and advantage which stands in the<lb/>place of all the rest, &amp; <gap/> <add>exceeds</add> <add><gap/></add> them altogether; but of a Judgement <add>more</add> liable to be reduced by passion<lb/>under the <unclear>beacon</unclear> <add>guise</add> <gap/> of Zeal of duty, &amp; by Caprice &amp; of Humanity under the guise of improvement &amp; correction: of correction<lb/>to be <sic>administer'd</sic> by those accustomed to view things only in the little, upon the work of men practised <add>executed</add> &amp; indirectly<lb/><note>After the removal therefore of these few exceptions, <gap/> may be reached as a <gap/> <add>practical</add><gap/> to be retained, <gap/> from henceforth by any exceptions or limitations, that the Verdict of <del>the</del> <add>a</add> Jury [ought to] be in all cases whatsoever a faithful image of <add>&amp; unaffected picture</add> their <sic>judgment</sic>; that is of the original judgment either of all, or of such to whom the rest for the sake of bringing the matter to a conclusion have from the acknowledged majority deferred.
</note><p>paragraph</p><note>When taken at hazard from the body of the people, of such <gap/> education <add>capacity of judgment</add> as may happen of no experience not responsible not found to give their reasons have to assume a power <add>with</add> which <add>by the product <gap/> freedom of the Law</add> men of chosen Education of tried capacity &amp; judgment, of long experience responsible bound by a <del>habit</del> <add>custom</add> stronger than any Law to give their reasons in detail, are not thought proper to be <sic>intrusted</sic>.</note>
</note><p>paragraph</p><note>When taken at hazard from the body of the people, of such <gap/> education <add>capacity of judgment</add> as may happen of no experience not responsible not found to give their reasons have to assume a power <add>with</add> which <add>by the product <gap/> freedom of the Law</add> men of chosen Education of tried capacity &amp; judgment, of long experience responsible bound by a <del>habit</del> <add>custom</add> stronger than any Law to give their reasons in detail, are not thought proper to be <sic>intrusted</sic>.</note>


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Revision as of 10:42, 30 August 2011

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I
JURIES
After the Pains I have taken in so many instances in the course of this work, to furnish inculcate
the necessity of abandoning in the score of impracticability many points of which catch the eye by their obvious and
real utility: I have some reason to hope I shall not be accused of a vast propensity to
every thing branch to a parallelism with Ideal & unattainable Rectitude or by grasping at unattainable perfection to let go that - - - - - degree I have of good order which we is in within our reach profess. <add>This necessity</add> I have seen [&] I have acknowledged
& [I have inculcated]. the necessity of assuring satisfying ourselves before we conclude finally for
the extirpation of an evil of two points, both that the means we employ for the purpose are not themselves
of such a nature as to be productive of a greater; : that the evil question is not itself the necessary
& only antidote to a greater.

paragraph

The Evil I am here about to consider, & which the abolition of which is one object of my
endevors, is the practise become habitual on Juries & sanctioned by the tacit approbation if not by the encouragement of Judges of knowingly false verdicts in the
following cases. [already commented & observed upon in their [respective] places.
1. In that of Suicide - that the deceased did the fatal Act in a fit of Lunacy, which
he was known to have done deliberately in his right mind.

paragraph

In this indeed the practise is not entirely uniform, & from it's not being so is one
of the very few if not the only one in which the conduct of this Tribunal is not free
from suspicions of corruption.

paragraph

2. In that of Deodands; when the Value of the thing forfeited is reduced to nothing,
by that part only of a animate & inanimate where altogether concerned in the production of
the death of a man which was in actual contact with him
to plain & obvious Truth moving to his death

paragraph

3. In that of Larceny - When Juries will pronounce in their verdict a thing taken
to be not worth one Shilling which thing & every body shall see to be worth fifty.

paragraph

Of an integrity indeed more unquestionable because still less obnoxious [not] exposed to temptation than which is so little; and advantage which stands in the
place of all the rest, & exceeds them altogether; but of a Judgement more liable to be reduced by passion
under the beacon guise of Zeal of duty, & by Caprice & of Humanity under the guise of improvement & correction: of correction
to be administer'd by those accustomed to view things only in the little, upon the work of men practised executed & indirectly
After the removal therefore of these few exceptions, may be reached as a practical to be retained, from henceforth by any exceptions or limitations, that the Verdict of the a Jury [ought to] be in all cases whatsoever a faithful image of & unaffected picture their judgment; that is of the original judgment either of all, or of such to whom the rest for the sake of bringing the matter to a conclusion have from the acknowledged majority deferred.

paragraph

When taken at hazard from the body of the people, of such education capacity of judgment as may happen of no experience not responsible not found to give their reasons have to assume a power with which by the product freedom of the Law men of chosen Education of tried capacity & judgment, of long experience responsible bound by a habit custom stronger than any Law to give their reasons in detail, are not thought proper to be intrusted.



Identifier: | JB/050/169/001"JB/" can not be assigned to a declared number type with value 50.

Date_1

Marginal Summary Numbering

Box

050

Main Headings

procedure code

Folio number

169

Info in main headings field

juries

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c1

Penner

jeremy bentham

Watermarks

[[watermarks::j honig & zoonen [lion with vryheyt motif]]]

Marginals

Paper Producer

cc1

Corrections

Paper Produced in Year

Notes public

ID Number

16160

Box Contents

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