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1822 Aug. 9
Constitut. Code
Ch. or §. Of Fictions: viz those of falshoods of the
privileged cast kind employed by lawyers.
By fiction, in the sense in which it is used by lawyers
understand a false assertion which though acknowledged to
be false is at the same time argued from, and acted upon
as if true.
It in a character of it
Belonging to it are two characteristic features
1. It has never been employed but with to a bad purpose.
It has never been employed to any purpose but the affording a justification
for something which otherwise would be unqualifiable.
No man ever thinks of employing falshood false assertions where the purpose
might equally have been fulfilled by truth true ones. By those false
assertions a risk danger at th least of disrepute is incurred:
by truth true ones no such risk.
2. It is capable of being employed to every bad purpose
whatsoever.
3. It has never been employed but with a bad effect. The
evils of which it is productive will presently be distinctly
brought to view.
4. It affords presumptive and conclusive evidence
of the inaptitude corruptness mischievousness of the f act of power in support of
which it is employed.
5. It affords presumptive and conclusive evidence
of the inaptitude of the in every form of government in support
of which it and is employed or under which it is suffered
to be employed.
6. It affords presumptive and conclusive evidence
of the moral inaptitude, of the moral inaptitude of in
those by whom it was invented and first employed.
7. It affords presumptive and conclusive evidence of moral
turpitude on the part of all those by functionaries and their supporters by whom
as such it continues to be employed.
Identifier: | JB/036/180/001 "JB/" can not be assigned to a declared number type with value 36.
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jeremy bentham |
[[watermarks::i&m [fleur de lys] 1818]] |
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arthur wellesley, duke of wellington |
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1818 |
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