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17 Decr 1805
Evidence
That in the pretence, that of which the system of regular procedure
or English jurisprudence is composed nothing that will bear the name of ingenuity
is in any instance to be found, would be an too much
to affirm assertion too wide to venture: but that in general noting of that
sort is necessary, and that in a vast number perhaps the largest number of instances
not a spark of any such quality would upon examination be found to have have been exemplified
may be is a proposition that may be advanced without much
apprehension difficulty of mistake. Were even a persuasion advanced
for the slightest, the shallowest pretence that could be invented
to serve as a cover for injustice, whether by the power force of reward
any the pretence more exquisite than, more exquisitely shallow,
more gossamere, more iridescent than what is to be found
in the books of practice could have been produced, may well
admit of doubt be questioned. Decisions on the ground of facts notoriously
and even avowedly false, notoriously false and even avowed to
be so by those who make one of them in argument as true,
decisions on the ground incidents, of facts matters of fact, which whether true or false
have no connection whatever whatsoever with the merits of the cause:
decisions making the plaintiff or the defendant lose his cause
for the non-observance of rule regulations never communicated
nor so much as formed. Under To one or other of these heads
may the pretences in question most if not all of them be
referred. But for the framing of such instruments what quality
that deserve the honour of will admitt of ingenuity can be requisite: two
inducements and two alone are requisite, power and wickedness.
Identifier: | JB/047/163/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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