★ Find a new page to transcribe in our list of Untranscribed Manuscripts
24 May 1808 4 (3) 3
The choice thus lies — not between a Judge or Bench
of Judges without a Jury, and a Jury without a Judge
or Bench of Judges but between a Judge or Bench of Judges without a Jury, and
a Judge or Bench of Judges with a Jury. A Jury The Jury-box is therefore
in every case an additament appendage to the Bench: and the size
of this additament, the size, whatever it be, must consist in
its operating as in the character of a preservative against some of the mischiefs
the are as more of the wits opposite and corresponding to the
ends of justice: viz. to those wits not considered not in the abstract, but as liable to result from this or that feature
of imperfection in the mens conduct of the on the Bench experienced
and permanent Judge or Judges.
Of the check thus applied to the power of the
Court (a)
(a) The appellation given to the Judge or Judges to that part of the which is composed of the Judge or Judges in contradistinction to that which is composed of the Jury.
the effect according to the nearest general description
of it that can be given is this — the decisions pronounced in
the whole matter question of law and of question of fact together is pronounced by the Jury: but of this decision
the effect is liable to be defeated by a decision of pronouncing by the
Court on the question of law taken by itself:
Identifier: | JB/035/118/001"JB/" can not be assigned to a declared number type with value 35. |
|||
---|---|---|---|
1808-05-24 |
8-11 |
||
035 |
constitutional code; evidence; procedure code |
||
118 |
|||
001 |
|||
text sheet |
1 |
||
recto |
c3 / d4 / e3 |
||
jeremy bentham |
th 1806 |
||
andre morellet |
|||
1806 |
|||
10711 |
|||