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25 Decr 1811
Evidence
To this only original stock of evidence, may be to
the purpose of the present occasion be added, the vast mass
of comparatively modern growth, above designated by
the appellation of pre-appointed evidence. Widely
different as the shape – of received by the evidence is in this case,
in this case with not less propriety propriety than in the
other, from partly blindly from the obsequious hand of the legislator
partly from the vigilant and active but all corrupting
hand of the Judge will the evidence in this case
be seen to have received its shape.
(a) [breach of faith]. Question – Where is the breach of faith? –
It is from judicial practice where (there being no Statute
law on the subject) that the general rule Contracts will be
enforced, is can have been enforced formed: and by the same practice
by which this general rule is indicated so are
the exceptions. – Answer – By the general its
its extreme simplicity, the general rule takes hold of, and fixes itself in, every
mind: – by their incongruity, unconnectedness, inconsistency, obscurity
in point of expression, and i variety, and multitude,
– and the obscurity of the language in which they are expressed –
the exceptions are rendered to professional men lawyers scarcely
difficultly and imperfectly cognoscible to non-lawyers compleatly uncognoscible
utterly uncognoscible.
Identifier: | JB/047/258/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-12-25 |
7a |
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047 |
rationale of judicial evidence |
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258 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d10 / e4 / f44 |
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jeremy bentham |
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15126 |
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