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25 May 1808
If the importance of this circumstance were very considerable,
in any country in which, as in Scotland
it were proposed to introduce give add to the made a considerable addition to the
jurisdiction of this judicatory, the principle that operates
in the case of medictas lingua might be ap
receive an extended application with considerable advantage.
On In a dispute between a nobleman and a shop-keeper
one or more if not half some one at least of
the class of noblemen or of those who may be supposed to
sympathise with noblemen rather than with shop-keepers
might be admitted.
In a dispute between a Farmer a Master
handicraftsman or Shop-keeper and a servant or
quondam servant of his – if not half some one at
least of the class of servants might be admitted.
In an action for seduction or adultery against
a batchelor one half part of the Jury might be composed
of married men the other of batchelors: unless
a still more effectual expedient for securing the requisite
dose of sympathy and at the same time for balancing the preserving the ballance
between opposite contending sympathies were looked for, in the
substituting to the married men, and as a match for the
batchelors, a half Jury composed of matrons or of
spinsters.
But the more extensive and diversified the application given to this
principle, the fainter, it should seem, will be the colours
in which the importance necessity and utility of it will present itself.
If so, the practical consequence will be that some principle arrangement of greater efficacy
as well as of less equivocal utility will remain to be
looked out for,
appear to be a desirable
object of research.
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Identifier: | JB/035/154/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-05-25 |
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035 |
constitutional code; evidence; procedure code |
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154 |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
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10747 |
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