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2 April 1804
Evidence
In different cases different powers operations, physical powers operations
all of the physical kind require to be performed, different powers, correspondent powers,
require to be exercised conferred, as necessary to secure the forthcomingness
of evidence. These powers, to be created and conferred, must be designated
by their respectively appropriate appellations. By these same
appellations they must on the present occasion be brought to view,
seal the import of each determined and distinguished from every
other. A discussion of this sort has, it must rather more than could be wished be confessed, the
air of a grammatical exercise. But untill some more accurate
and equally not less permanent instruments, them words are, for the expressions
of ideas, can be found, the legislator who despises were to despise words and
verbal disquisitions discussions would be like the Soldier who should
despise all arms, or the handicraft who should be above thinking disdain to take or think
about his tools.
The sources of diversification requiring on this occasion to be
drawn from will be as follows
1. The subject matter of the operation: a person, or a thing,
a thing immoveable or moveable: – a thing contained or a
receptacle – and so on through other minuter subdivisions.
2. The stage it occupies in the order of progression – in the
course or order of procedure. Entry, search, sector ,
detention
arrest or seizure, detention, adduction, or requistration
This order in which of discussion will not have coincided exactly with
the chronological order of the operations themselves, because if it did, a subsequent
would require it to be prematurely spoken of be under the head of a preceding ones.
Whatever attention may on this occasion be necessary will
not be unthriftily bestowed. Here as in the case of the other set of
powers – psychological powers – the same which are necessary to secure
the forthcomingness of the subject matter for the purpose of evidence,
will in many instances be alike necessary to secure the forthcomingness
of it for the purpose of sufficiability – of being disposed of in favour of
the one or the other party, in performance of the service to which he may have
proved himself entitled to
receive at the hands of justice.
Identifier: | JB/047/056/001 "JB/" can not be assigned to a declared number type with value 47.
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1804-04-01 |
1-3 |
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047 |
evidence |
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056 |
evidence |
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001 |
ch. 3 physical means in general |
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1 |
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jeremy bentham |
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14924 |
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