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21 Decr 1811
Evidence
If in consideration of any bad effects ascribed
to this or that part of the substantive law, means
be employed to lessen the efficiency of the adjective
law, mischief from a double source is the consequence:
the continuance of the mischief the prevention of which
was the object of the bad law, which the bad law
was contended to prevent, and this mischief resulting
from the execution given to the bad law
i.e. the punishment inflicted on the contraveners
of it, which punishment is by the supposition not
effectual nor so much as intended so to be.
Let utility be the leading word, that word translated
immediately into good and evil, and
then those again into pain and pleasure, the question will be
all along concerning human feelings and their
causes. Let justice be the leading word, and the
question will be no other than concerning the meaning
of that word, and, for the solution of it, nothing
of the no less a task than that of limiting not the different occasions on
which it is has been employed, will would be necessary.
Identifier: | JB/047/232/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-12-21 |
1a continued |
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047 |
rationale of judicial evidence |
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232 |
evidence |
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001 |
note (a) continued |
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text sheet |
1 |
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recto |
d1* / f18 |
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jeremy bentham |
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15100 |
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