JB/047/059/001

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29 April 1804
Evidence

Ch. 18. Choice How to choose amongst the above means of forthcomingness.

To what end all these philosoph arrangements and distinctions?
To this end. The subject matters of them the operations processes respectively varying upon
so large a scale, so in proportion must the practical effects of the
operations themselves: so in particular (which is the sort of effect
here in question) must the quantum of vexation liable to be produced.
In the case of the ship we have seen the degree quantum of vexation
varies varying from 1 to 1500: this, as to vexation understand the vexation to
persons in respect of person alone, over and above the vexation
to the same or other persons in respect of things, searched into
searched for, inspected, seized, detained. Thus wide of each other
are two points extensive on one hand is the scale of variation for the quantum amount
of collateral injustice producible by the application of these physical
powers to the securing the forthcomingness of evidence. But on
the other hand the importance of the cause is susceptible of a range
of variation still more extensive: from the value of a farthing
to the contents value of the coin and bullion of the Bank of England: from the offence of begging the giving
without to a conspiracy of treason by an a French Infernal Machine
or a G an English Gunpowder plot. Thus ample enormous may be the
mischief of collateral inconvenience producible in the shape of vexation by from
an incongruous exertion of those powers, on the one hand: thus
enormous the mischief in the shape of direct injustice by the
incongruous non-exertion of them on the other. What follows?
That the cases in which they respectively may or may not shall or shall not be exercisable
may perhaps in to a certain extent be fixed with advantage in the way of legislation:
but that after the utmost that can be done in the way of
legislation by general rules and determinate laws, much latitude of discretion ought
to be left, and on pain of capital inconvenience must be left to the
Judge.

Identifier: | JB/047/059/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1804-04-29	Marginal Summary Numbering	1-2
Box	047	Main Headings	evidence
Folio number	059	Info in main headings field	evidence
Image	001	Titles	ch. 18 /how to choose / choice/ amongst the above means of forthcomingness
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14927
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