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The excerpt represents the core issue or deciding factor on which you must meditate, and is drawn from Criminal Sociology by Enrico Ferri: National Guard.
But, even in England, the jury is regarded as especially a legal
institution; and the main qualities attributed to it in this
connection are moral judgment and private conviction.
The law, we are told, has always a certain harshness and
insufficiency, for it ought to provide for the future whilst
grounding itself on the past, whereas it cannot foresee all
possible cases. Progress is so rapid and manifold, in modern
society, that penal laws cannot keep pace with it, even though
they are frequently recast--as for instance in Bavaria, which in
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