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26 Novr 1811
Evidence
I. Direction and Degree of force
4. II. The Popular or moral sanction
II. Next In the second place comes under review the popular or moral
sanction.
As to the direction in which on this ground, the it on the field
observation of the assistance it affords to of evidence it operates, the supposi restraint which,
generally speaking, it applies to deceptitious incorrectness or and incompleatness,
is devious, and furnishes the matter of the general rule.
things and rules.
one of those rules to it the Unhappily, out of this rule ere everywhere within it can have in every part
have been reduced within the limits in of exact truth,
or truth exceptions, and to and the extent no inconsiderable an extent, must
remains to be cut out of it. Follows a brief indication
of the hands under which groupes into in which they will
be found arranged.
1. Cases where, by opposition contending interests
or prejudices, a sort of schism, more or less permanent,
is produced, in the aggregate force of this sanction
from one class of those exceptions.
2. Another class is composed of those in which, by
the misapplied influence of the political sanction – that
is i.e. of the constituted authorities at whose disposal it that influence is
placed, instead of the restriction, the force not only of
the political, but that thereby that even of the popular sanction,
is applied to the encouragement and increase of
deceptious incorrectness and incompleatness; and that,
as there will be occasion moreover to mention, also under the next head(a)
in its most vitious and pernicious form – mendacity.(a)
Note (a)
Lest, the general rule for want of the necessary defalcations,
the general rule on this subject should itself be
found taxable with incorrectness mention could not be altogether refused to the narrow description of
cases, in which falshood is by the administrators of the forces
of the popular or moral sanction, that is by everybody,
seem to be prescribed by the law principle of probity, taken in
that its largest sense in which humanity is included
in it, nor could not altogether be passed altogether without notice(a) (a) Exemplar case of a madman or a malefactor require any information for purposes of mischief.
But the ground will be seen to be not inconsiderable in extent, cases may be seen to no inconsiderable extent
in which though while in respect of probity, i.e. regard for advice to others falshood
departure from truth may be matter of indifference, by prudence
by the law of prudence.
i.e. The self-regard
it will be on examination
be seen to be rigorously
prescribed.
Identifier: | JB/047/282/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-11-26 |
1-3, 4a |
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047 |
rationale of judicial evidence |
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282 |
evidence |
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001 |
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text sheet |
1 |
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recto |
c1 / d9 / e1 / f68 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15150 |
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