JB/047/284/001

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26 Novr 1811
Evidence

3. In the third place comes the political or legal sanction.

☞ Printer – This first paragraph is to come after the other.

Thus much as to direction. As to force, to the
too obvious and but too indisputable insufficiency, of it this sanction, in
cases where it happens to mendacity-promoting interests happen are in a condition
to be act with that their degree of force which are but too
commonly exemplified, is among referable that demand,
of which the existence is so universally acknowledged, for the more steady as well as impressive force
of the political sanction: especially in that legal form regulated and regular
conspicuous form, in which it operates is made to operate in the hands of the Judge.

Even On one and the same occasion, and even in the case instance of
the same individual, in case of delinquency on his part the force of the popular sanction
may be seen acting in opposite ways directions at once, drawing him towards urging him on in or towards
the path of mendacity with on the one hand, pulling
him back from it on the other. In this conflict, which
then will prevail? – the mendacity-promoting, and or
the mendacity-restraining force? – The offence act in question
being an efficiency act it which being reprobated as such universal act, and by the
popular or moral sanction expens reprobated as such, brings shame upon him
who is understood to be guilty of it: and, the individual
in question being by the supposition actually guilty of
it, if, on being interrogated he confesses it speaks the truth, and
thereby confesses himself guilty of it, he thereby exposes subjects
him himself with probably more or less probability to punishment, and at the same time with certainty to shame.
If again on being on the other hand, his answers to the interrogations
are in any respect, that which to afford him any chance of escape safety,
they must be, materially false, no sooner does detection follow, –
(nor can he ever see that
instant, in the next
to which it may not
follow) – than his lot
becomes, in this case
also, the same.
To note the existence of this conflict is all that belongs to the present purpose: as to the effect result of it, obviously enough
it will, on each individual occasion, depend on the obviously enough preponderance as between the aggregate force of the motives operating on the one side, and the aggregate force of
the motives operating on the other side.

Identifier: | JB/047/284/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-26	Marginal Summary Numbering	5, 4
Box	047	Main Headings	rationale of judicial evidence
Folio number	284	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d11 / e3 / f70
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15152
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