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6 Decr 1811 Ch. 8. §. 3
Evidence
By In another any of the character it has
all and now thence the effect of evidence. Sole use of evidence to command decision
Never was any plan of imposture crowned with more
compleat success: never more efficiently successful efficient or upon
a more universally extensive all-embracing scale. Never were the
intellectual faculties of a whole people more
compleatly bewildered and perverted – never the person of
immorality in any shape more effectually or universally
.
Furnished or not with the sanction of an oath, the
of allegation called pleadings ever one of them have in reality to many
purposes the effect of evidence. To the purpose
It has that effect in the first instance to the purpose
of imposing on the adv party adverse party or parties on the other side the
obligation of going on with the suit: and to the purpose
of giving to one party the full effect of a decision in his
favour – as full as could be given by anything to
which the name of evidence has been left allowed – in case
of non-compliance with that obligation it has the effect
not simply of evidence but of conclusive evidence.
By giving impunity to mendacity on this occasion By encouragement given as well as impunity thus given to
<add>to mendacity, if it be on the plaintiff's side, number of suits is
made to receive that addition, which is brought to it
by those in which the dishonesty or mala fides – the mala fides as the phrase is – is on the
plaintiff's side: by the like been bestowed on the defendant's
sign, the like encrease is given addition is made to the number of those
by which to which continuance is given by dishonesty on the
defendant's side.
See more to this purpose under the head of Oath.
In all those On all those occasions, the Judge
parties and accomplice in the fraud on one scale of the cause, in the
oppression in the other, the Judge as well as his collaborators extract a profit emolument out of the
mendacity thus produced The pleadings are consigned under the name of pleadings, the mendacious evidence thus
to be suborned is all in writing, and the mass of the writing is a mine of fees.(a)
Note (a)
To quote or refer to the instances, in which profit-yielding mendacity
is thus generated, would be too quote or refer to the whole contents
of the several law
of books, in which under
the name of Books of practice for the use and benefit of the members of the profession, the course of judicial procedure is delineated.
Identifier: | JB/047/300/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-12-06 |
16-17 |
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047 |
rationale of judicial evidence |
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300 |
evidence ch. 8 |
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001 |
note (a) |
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text sheet |
1 |
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recto |
d13 / e8 / f86 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15168 |
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