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24 Decr 1811 Ch. 4. §. 2
Evidence
§. 2. Regard paid to those duties in English practice.
Such, in as far as the view here taken of the subject
may be found correct, being the list of the duties
or tasks proper to be performed by the legislator – by
understand always – by the Sovereign in his character of legislator – in the field
of evidence, a brief intimation of the sort and degree of regard
which, it is supposed, will be found to have been
paid in English practice to those duties, will may, even in this
early stage of the enquiry, be found, it is supposed
not altogether without its use.
As to the sovereign, considered in his character of legislator,
1. Under the hand of forthcomingness as above
on English ground in particular, in relation to the whole extent of this part of his field of
described the system of action, the most supreme neglect will be every where
but too discernible: arrangements, of their vital importance in which justice is so compleatly
dependent, left to it almost, without exception, to be taken by
sinister interests, and interest begotten prejudices,
in the person of the Judge: – of the Judge, who, matters as in all
other parts of the field of law, pretending to find
already made whatsoever he makes, makes and more exactly what
he pleases. If, here and there, to this or that arrangement,
the touch of the legislative sceptre has been may be seen applied,
it is in every instance by the hand of the
Judge that the instrument of legislation has been
guided, no symptoms of thinking being ever given any where
perceptible on the part of that which should have been, and is spoken of
as if it were, the all-directing mind.
Identifier: | JB/047/254/001 "JB/" can not be assigned to a declared number type with value 47.
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rationale of judicial evidence |
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