JB/050/088/001

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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
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deserving) when they think they need none.
I speak all this while in full contemplation
in causes of a political nature which engage the passions of men of the generality, and in any other causes which may happen to engage the passions of that particular body of men
of the inconveniences of giving this double power
to the Jury: in full persuasion that it
is the way to have one law for one man,
and another for another.

Identifier: | JB/050/088/001"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	088	Info in main headings field	procedure law & fact juries judges of law
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16079
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