JB/047/066/001

Click Here To Edit

March 1806
Evidence

Superseded in substance July 1806

The second of the Butler's exception sis where the admission is
required "for the sake of trade, and common usage of business".† † Butler 189. 151.
From the Against every exclusion whatsoever on the score ground of interest
this case, were there even no other where it even the only one, would be compleatly decisive.
What then? it is or in the common course of business is that interested evidence
be is admitted, and the admitted without any limitation as
to the magnitude of the temptation, or the presumable weakness of
the individual exposed to it? It is admitted where the reasons
that plead against the admission of it are in the greatest force?
Seeing this you exclude it notwithstanding; you exclude it
in what cases not only when the temptation is at its minimum, but where there
is absolutely no interest, no temptation at all: nothing more
than a mere shadow of an interest, a mere pretence created by
an abuse of words. You shut the door against a necessary witness,
you administer pronounce derision of the injustice of which
you are yourselves convinced – no under the name of justice, you administer
on this ground and that on occasions of all sorts, what you know to be injustice.

In proving the necessity of the admission in point of reason, the
same case proves with equal force at the same time the compleat safety of it in
the way of experience. Cases of particular classes of persons, placed acting
in particular circumstances, have been subject of particular decision, and are
given as examples of the generally-exception rule. Who are those
persons? Persons that by their condi by the scantiness of their pecuniary circumstances, the most
exposed to pecuniary temptation from a pecuniary source: persons by their education
least apt to fortified against it: persons by their multitude composing the great
majority of the people: persons by whose testimony in their own persons
if mendacious, they have may have to save themselves, not merely from
pecuniary loss, but from capital punishment: – "a servant who has"
(i.e. who says he has) "paid money or a porter who in the way of business
delivers out or receives parcels".† †Peake 151. I beg pardon f The mention
of capital punishment may require apology: it affords at any rate no
argumentum ad hominem
affording no pecuniary interest
it affords in the English lawyers estimate
no interest: in his estimate
nothing but money has any
value: money
even the shadow or the sound
of it, has a value, while life
any more than love, has none.

Identifier: | JB/047/066/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-03	Marginal Summary Numbering	1-2
Box	047	Main Headings	evidence
Folio number	066	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"superseded in substance july 1806" [note in bentham's hand]]]	ID Number	14934
Box Contents