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1823. Septr 3
Constitutional Code.
III Rationale
Ch. Quasi Jury
3§ Explanatory Observation
§ . Adoptive features
2. A distinct but though less obvious mode in which Jury the part taken by a trial
is subservient to the purpose of applying a bridle to the power of the
8
Distinct though less
obvious additional
of check is - Judges obligation
to exhibit the ground
of his preceding decision
and preliminary procedings
by apt explanations and
reasons.
1. If thus seen to be conformist, every
thing is as it should be:
2. in as far as an informable,
by absence as
inadequacy as abusive of reasons
he sounds exposed: by
absence of do he stands
self- condemned
Judge is the obligation which consequence over formidable in this case this permanent functionary
finds himself under of ling open in before the eyes of the
put to the Jury and thence to the public such observations consideration
in any s at the same time to take a ch and casual view
of the nature of the case, and of the grounds of the decision
whatsoever it be which he determines himself to
pronounce
in bative to it. In this state of things either his decision
is informative to the dictates of the justice: evil is in some way
as either unconformable: in the first case every thing is as it should
be: in the other case, either he gives no adequate reasons
for in this case such in the supposition they can not be, or
he gives no reasons: in the first case he course he can not
taken without exposing himself to a certainty more or less to public shame no
reproach,- in the other case by his silence where h
were any inefficient reasons in that idea to be found he sits as it were
self condemned.
49
Different in their form
simple publicity so
this position obligation
to reside account rendering
obligation. To any extent Publicity
may have place
Distinct it is evident from the more publicity of the
proceedings is the feature thus stated as peculiar to Jury trial
Identifier: | JB/034/140/001"JB/" can not be assigned to a declared number type with value 34. |
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1823-09-03 |
48-49 |
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034 |
constitutional code |
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140 |
constitutional code |
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001 |
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c3 / d14 / e3 |
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jeremy bentham |
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