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9 July 1803
Evidence
In their doctrine of exclusions, lawyers find themselves
opposed at every step by the common sense of mankind. They
acknowledge it themselves. The fact is too notorious to be disputed:† † See Douglas in Tomlins
but a justification is pleaded – ignorance must be counteracted by
science. Men at large submitt to this controul: why? because
it being the business of lawyers to understand all this these things, it is they must
be presumed to understand it.
But wherein consists the supposed intelligence? in
nothing more than mere ignorance and rashness: (ignorance
or not knowing being aware of the multitudes all that vast variety of motives
to the action of which the will of man stands exposed – some
tutelary some seductive – rashness, in concluding that because
on this or that occasion they see it exposed to the action of
some one of those motives acting in a sinister direction, the
prevalence of that one seductive motive over the whole combined force
of the tutelary motives is an event a result that ought to be regarded
as infallible.
What would become of human society if in the bosom
of each family, the babes and sucklings – the simple children
of nature, adopted on each occasion in their conduct the rashness of their rages?
It would not hold together for three days: all confidence all intercourse
– all industry would be at an end.
What is there have they to offer in proof of their superior wisdom?
not the shadow of an argument: no a mere ipsi dixit and
nothing else. They have had power to act rashly, and they
have done so. The wish begun by rashness is confirmed and
perpetuated by obstinacy.
Identifier: | JB/047/080/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
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