General Theory of Law

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The most important point in selecting the form is to fix the responsibility with which the functionaries are charged. Such responsibility may depend upon the character of the function legislative or judicial, for instance, or upon the form of government absolute monarchy, for example. In these cases it is necessary to obviate the troublesome consequences of lack of responsibility and to repress the abuses which might result. The collegial form best answers these conditions. Finally, the power o...f deciding may be given to one or several, the decision of one being conditioned upon the assent of the others, as at Rome it was conferred upon the two consuls. In SOCIAL CONDITIONS 359 our time, too, criminal jurisdiction is given to two boards at the same time, the judges and the jury. Between these last, of course, there is a division of authority, the jury passing on the question of guilt and the judges upon the extent of the punishment. The legislature, also, is commonly separated into two houses.

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