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Oct. 1805
Evidence
The cause origin of the questions or subjects of debate themselves is one
thing: the cause origin of the importance that belongs to them is another.
The questions themselves spring as we have out of one species
of abuse: the their importance that belongs to them out of another
species of abuse.
Under the natural system, if, be for want of due notice,
or by any other accident, a party happens not to be prepared
\with on this or that day with this or that article of necessary
evidence, the evidence being by the supposition in his power at his command, he
brings it with him the next day. But in the English technical
system, in which the denial of justice is the ordinary state of
things, and justice is not so much as pretended to be administered
but after a short period, done separated from each other by distant intervals
the next day does not come till six months after
and or in some places perhaps twelve months: and when another day for the production
of the omitted evidence does come, it is not to be obtained
but upon the terms of a second plunderage, doing performing
over again for the benefit of the men of law all those useless
ceremonies pretensions which never ought to have been performed at all.
An Under the care of the highest Judge a every law suit is thus the very
stone of Sisyphus: of when a pretence has been found for preventing
it from gaining the top of the hill, this if it be destined
to take a second chance it must not is not allowed to keep
the ground that it has gained, but it is in the first rolled back precipitated
into the bottom, before it a second chance is allowed it, being forced up of getting
up to the top.
Identifier: | JB/047/214/001 "JB/" can not be assigned to a declared number type with value 47.
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jeremy bentham |
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