[18]
[18] The actual state of the law in Europe, so far as regards the
jury for common crimes and offences, is as follows:--England,
Scotland, Ireland, and Switzerland have the jury for assizes and
courts of first instance. France, Italy, Cisleithan Austria,
Istria, Dalmatia, Rhenish Prussia, Alsace-Lorraine, Bavaria,
Bohemia, Gallicia, Belgium, Roumania, Greece, Portugal, Russia,
and Malta, have the criminal jury only. Spain had suspended it,
but restored it in 1888. Prussia, Saxony, Baden, Wurtemberg, have
the criminal jury and echevins (bodies of citizens sitting with
the judges) for correctional and police cases. Denmark, Sweden,
and Finland, have the echevins. Holland, Norway, Hungary,
Slavonia, Poland, Servia, and Turkey, have neither juries nor
echevins.
As for the other bio-sociological law, of single organs for single
functions, it seems to me that if in England the jury and the
magistracy have been developed side by side and interwoven, this
is only a case of organic integration. But on the continent, as
the jury has been added artificially to the magistracy,
this is on the other hand a genuine example of non-natural growth.
And if it be said that the jury, as an advance from the
homogeneous to the heterogeneous, indicates a higher degree of
social evolution, we must draw a distinction between
differentiations which amount to evolution and those which, on the
contrary, are symptoms of dissolution.
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