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26 May 1808
Of the two connected circumstances thus naturally and intimately conjoined
– viz. secrecy and irresponsibility – secrecy the
intended cause of irresponsibility the intended effect – the utility
depends upon this the truth correctness of this proposition a depends in each individual instance upon the truth and correctness of this proposition,
viz. that upon and after the exclusion thus put upon
external influence, the sort of Judge in question will by
the united force of the several tutelary motives† † viz. be effectually disposed
to give deliver such decision, as either is, or to him
appears to be most conformable to the ends of justice.
But for the advantage of thus promoting beneficial But to promote this favourable effect, and which in
a general view may safely it should seem, be stated
as the most probable, no inconsiderable chance in is submitted to the
unfavourable side is run incurred.
The utility of these two supposed securities depends upon
the perfect exclusion of personal interest in every
imaginable shape, and the efficacy of the measures such arrangement, if
any, as have been taken for the purpose.
Suppose for example, that as above, in the person
of the plaintiff or the defendant, the shopkeeping Judge
has been in habitual possession of a valuable customer.
The part taken by this Judge being , on the
part of the customer he has nothing to fear from resentment:
but if the magnitude of the matter stake
upon the event of the cause, be so considerable as to effect destroy
in the event the ability of the customer to continue his custom purchases, here
is an a sinister interest stronger than any that could have been
created even by sollicitation: for even among of those who would in the
station of Judges sollicitation Judge or any other would sollicit a man men for
his vote their votes, it is not every one who would take betake himself to this or any
other mode of revenge in case of non-compliance. But
if the very ability to
purchase is wanting,
the benefit of the custom
is indubitably and
immediately given.
Identifier: | JB/035/143/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05-26 |
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035 |
constitutional code; evidence; procedure code |
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143 |
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001 |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham |
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10736 |
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