JB/047/082/001

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23 Decr 1803
Evidence

By whom Hence the use and necessity of Instructions: instructions
from the legislator to for the direction of the Judge. For by whom else
shall the Judge be put upon his guard? by whom but by
that authority from whence shall his understanding receive its
direction in this instance, but from that authority source from whence
he will receive its direction in other instances? Where the
motives for disobedience and therefore the disposition to disobedience are
to be presumed, to give instruction which the subordinate is at
liberty to conform to or neglect, is to do nothing: but where the
will is predetermined to compliance, communications addressed
to the understanding merely may in so far as they are
rightly apprehended, be reasonably enough expected to be have their productive
use of their designed effect. In general the wisdom of on the
part of the legislator will be without effect, except so far as it
is backed by power: in cases such as the present, (and they
are more numerous than legislators appear to have been aware)
power being neither applicable nor necessary, wisdom may
act with advantage, though she acts alone.

Throughout the whole field of evidence, Instructions – Instructions
penned by the legislator and designed for the use of the Judge
may have their use: be employed with considerable advantage. Instructions the by general object of which
shall be to guard the subordinate from deception, by pointing out
to him the causes of distrust that attach upon the several
species of evidence. A system of Instructions composed in this
view will form the matter of a succeeding book.

Identifier: | JB/047/082/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-12-23	Marginal Summary Numbering	3-4
Box	047	Main Headings	evidence
Folio number	082	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	14950
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