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10 Jany 1812
Evidence
Note (a)
(a) [Mendacity] Lest the general rule, as above deline indicated, should stand
(a) [Mendacity] Lest charitably with incorrectness for want of another defalcation –
not indicated a <add>defalcation, the need of which is indicated –</add>, not as in those cases by circumstances
of a local and temporary complection, but by the
original universally-prevailing and unalterable nature of things, the general
stand should still be found chargeable with
incorrectness, mention could not here be altogether
refused to the narrow those that class of cases, narrow as the
description of it is, – in which the substitution of falshood
to truth being, by the principle of probity (taken in
that its largest sense in which that of humanity is
included in it) not only merely allowed but prescribed,
is by mankind in general and the
in their character of administrators of the force of
the popular or moral sanction, exempted in their view from that
confine, which attaches upon it in other cases. The
As for examples, the case of a madman or a malefactor,
requiring information for purposes of mischief,
will supersede the need of any other. Neither in virtue the
shape of veracity, or nor any other shape, virtue nor vice in the shape
of mendacity or any other shape, vice, being of any importance
but with reference to utility – to universal
utility – let falshood, as in the rare cases above-mentioned
be necessary to the prevention of mischief, falshood, instead of a crime becomes
a duty. But, the ground would upon examination,
be seen to be not inconsiderable in extent would the ground be seen to be, on which
while in respect of probity – i.e. regard regard for others – duty towards
others persons – departure from the line of truth may be
matter of indifference, yet, by the rule of prudence;
i.e. by self-regard, it would be seen to be rigorously proscribed.
Identifier: | JB/047/283/001 "JB/" can not be assigned to a declared number type with value 47.
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1812-01-12 |
4a continued |
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047 |
rationale of judicial evidence |
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283 |
evidence |
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001 |
note (a) |
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text sheet |
1 |
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recto |
d10 / e2 / f69 |
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jeremy bentham |
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15151 |
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