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Ch. Judiciary collectively
(7 §.28 Locable who
Non-locable, Advocates
20
The less powerful the
checks to insincerity the
less the trustworthiness
Of the men belonging to this profession the trustworthiness
will be the less, the less powerful efficient the check of all sort in this case which
stand opposed apply to insincerity; the greater, the more powerful efficient.
Accordingly under the here proposed system as compared with
the existing system the trustworthiness will be not a maximum,
or if the opposite mode of expression be preferred, their untrustworthiness
will be at an minimum. Why?
21
Under existing system
full sway given to
mendacity on the part
of lawyers
Because under the existing system full sway
sway is given to mendacity, on the part of the Advocate — to
being not the accompanying assistant but the substitute to
his client: and that in such sort that before the allegations
re meet the ears ands eyes of the Judge they pass through several
mediums each of which stands engaged by its own sinister
interest to infer into it a mass of mendacity as great as
presents itself as affording a promise of being proof against punishment
and all success.
22
Under proposed system
powerful checks to
mendacity by noninterposition
of lawyers.
On the other hand under the here proposed system there
stands before the Judge the individual — the party from whom
without passing through any such corruptive medium the
allegation passes directly to the ear and the eye to the mind of
the Judge. There stands the party, who for or in th assertions uttered
by him, it being uttered to the Judge is compleatly and immediately
responsible: interpose the Advocate, the responsibility is
extinguished. The Judge In case of falshood on the part of the party
the Judge has nothing to prevent him from making it with and for
punishment: on the part of the Advocate between neither power nor instruction
so to do has place.
Identifier: | JB/042/575/001 "JB/" can not be assigned to a declared number type with value 42.
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1828-02-04 |
20-22 |
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042 |
constitutional code |
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575 |
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001 |
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recto |
e7 |
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jeremy bentham |
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