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In speaking of festivity Josef Pieper remarks that it is often very difficult to identify, for the "quality of this assent is such that we must attribute it even to martyrs, at the very moment, perhaps, that they perish under brutal assault." (41) The difficulty of seeing also holds true for the nonassent of sloth.
For there to be meaningful review, there must be transcription of deliberations in every case tried, despite the nonassent, or even the affirmative objection, of a party, and despite the nonassent of the jurors.