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23 July 1805
Evidence
2. Second note of perversion. In this second mode the
language provided by the man of law is the language that issues
out of his own lips. He says one thing, he means a different
thing! The meaning which is annexed to these words by himself he
keeps to himself: he keeps it in himself, lest the suitor understanding
what His plan is, that the suitor, on pretence of disobedience
or non-compliance with rules shall, to the profit of the Judge and his confederates be punished or otherwise vexed. To
give the appearance of a warrant for the punishment, the one first thing
necessary needful is to generate the offence. For this purpose it is necessary
that the Judged annexes in secret a false meaning to his own words. He
commands the suitor to do perform a certain act: the does the act so
performed by commanded to the suitor is performed and whereupon the suitor is punished or otherwise vexed.
Punished? and for what? – for not having performed another act
that never was commanded. The act for the non-performance of
which the suitor is thus punished is an act which was never communicated
to him: an act which it was the care of the Judge should
not be communicated to him. His This meaning of the Judge
if the Judge were to be believed, was that the act for the non performance
of which the suitor is punished by him should have been performed
by him. But had this meaning been communicated to the suitor
the act in question might have been performed by him; whereby the
plan for ofpunishing him as for the non-performance of it would have
been disappointed. This pretended meaning – it was therefore necessary
should be kept a secret from the suitor; and to keep this secret, an
expedient then which nothing could be more effectual was employed; a set of words
were employed, which according to the meaning annexed to them by all
mankind (men of law excepted) signified quiet a different sort of act,
need not such as would not to anybody have presented the idea of the
act in question, for the non-performance of which the suitor is punished
or otherwise vexed.
Identifier: | JB/047/157/001 "JB/" can not be assigned to a declared number type with value 47.
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1805-07-23 |
13 |
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047 |
evidence |
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157 |
evidence |
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001 |
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text sheet |
1 |
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recto |
e5 |
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jeremy bentham |
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15025 |
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