JB/047/089/001

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2 Jany 1803
Evidence

Suppose no release: with one or other of two opposite dispositions
he the witness would have gone into court: to adhere to truth, or to to give true evidence, or to
give false evidence depart from it. On the first supposition the expedient is plainly
useless: it is a receipt for expelling the spirit of mendacity: and
by the supposition, there is no such spirit to expell.

On the other supposition it is equally useless: or rather but what is
worse it is pernicious: instead of preventing mendacity it promotes mendacity
by putting a the lying witness in possession of the profit aimed
at by the lies it gives the sanction of the law to subornation,
by allowing the suborner to put the suborned perjurer witness openly in
possession of the price paid to him for his perjury.

True it is The supposed perjurer it may be said having already received
the price for his testimony, has now it may be said no longer any
interest in departing from the truth: I answer – so it may be in
appearance, but so it never is in effect. Every pure confederacy In honest dishonest
transactions, as in honest ones, confederacy – partnership – confederacy in guilt includes a contract: every confederacy partnership continuing for any
length of time, in the course of which through a course of transactions dealing
carried on in pursuance of the contract, supposes, evidences the observance
of such contract. In the case of sch and immoral contracts as are illegal contracts performance
is not so much in so great a degree to be depended upon as in the case of legal ones;
but unhappily for society, it is however to be depended upon
in a certain an inferior degree: if it were not, there would be no smugglers,
no receivers of stolen goods, no professional thieves, holding together in gangs,
as under the protection of English law more especially than any other, they are have been known to do
for years. It may therefore be taken for an established fact that
in the case of dishonest contracts such as that in question, a an adequate basis of expectation,
sufficient to determine conduct may be created and is created, as
well as in that of honest contracts. The fact effect being established, the cause and
the manner are not worth enquiring about. By the supposition then,
a compensation for the interest in question – a compensation adequate to
the profit in the eye of him who receives it the receiver himself to the profit that otherwise would
have

Identifier: | JB/047/089/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-01	Marginal Summary Numbering	2-4
Box	047	Main Headings	evidence
Folio number	089	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d21 / e2
Penner	jeremy bentham	Watermarks
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14957
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