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To say that a Judge may give a General
Verdict wherever they please, what does it
amount to? To this, that they are judges
of Law whenever they please — for no
not when they choose to keep the questions of fact and law unseparated, they may decide of both
general verdict can be given, but the
Law as well as the fact, must thereby
have been determined.
To say that Judges are the proper Judges of Law,
and Juries, of fact," what does it amount
to? That when the two questions are once
separated, (which cannot be done but by the
act of the Jury) then it is that the question
of fact belongs to the Jury to answer, not
to the Judges, the question of the Law, to the
Judges to answer not to the Jury; that
the Jury may have advice whenever they
chuse to ask it, but cannot be compelled
to ask it, (much less to abandon the
---page break---
) when they think they need none.
Identifier: | JB/050/088/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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088 |
procedure law & fact juries judges of law |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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16079 |
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