JB/047/115/001

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9 August 1806
Evidence

The question is a most delicate one – in what cases, if
and in the first place whether in any, a persuasion entertained by a the Judge of the mischief
mischievousness of this or that particular law, can in point
of moral duty, warrant him in using endeavours in this
or that individual case to withdraw substract victims from the rigour of
that law? The question is a most delicate one: but
on the present occasion although if it thus forces itself into action, hap fortunate
is it, that in the it has no claim to any answer be answered here: nothing calls upon us to seek to an answer it.

For argument sake the present purpose, let the answer be in the affirmative:
still from this admission no argument could be deduced,
in favour of the exclusion of self-convicting, much
less of simply self-prejudicing evidence.

1. The utmost that would could be warranted by such admission
would be the application of this or any other debilitative rule
to the debilitation of the particular law or laws which it
was thus judged expedient to deprive of their intended
victims. But by of the exclusionary rule in question the debilitating
influence applies itself not to this or that particular law
(substantive law) at pleasure, but to the whole body of the laws.

2. Of Admitting that in the case of the particular case here instance in question
the substantive law is so pernicious that on the part
of the Judge disobedience to it would be preferable to obedience,
a better a less objectionable course to take would be to give to the disobedience
some other less pernicious shape: so to do away pro tanto the efficacy of
this one bad law, as not to impair the efficacy of so many
other good and necessary ones: how then in a word, to build
the acquittal on the ground of fact the question, rather than in this way
on the ground of law.

Identifier: | JB/047/115/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-08-09	Marginal Summary Numbering	8-11
Box	047	Main Headings	evidence
Folio number	115	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	14983
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