JB/047/301/001

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6 Decr 1811
Evidence

§. 5. II. Shame

By punishment, the force one part of the force of the
political sanction is employed: in the character to the purpose of
against mendacity. by shame, viz.
that the which a man is exposed to by detection or even
that to which a man is exposed to in this cause
by detection, by suspicion, the correspondent part of the force of the popular or moral sanction is applied applies itself to the same purpose is employed.

either of legal sanctions shame part of
universality extent of application In respect of the extent
can <note> <note></note></note> to which they are respectively applicable capable of being
applied compared with punishment, shame has
one advantage. L For the application of it much
less evidence being , restraints as by the means necessary and could with degree effect
applied by it to mendacity in cases in which but mendacity thus experiences restraint in cases in which
for the mendacity would be altogether without instance(a)
it would otherwise experience none.(a) But Whether
it shall be safe in a less greater degree be exposed to
shame than to punishment, depends however in a more
direct way upon the individual circumstances than upon the species
of the case.

Note (a)
(a) In the recently established judicatures Courts of Natural Procedure recently established
in Denmark under the name of Reconciliation Courts, (Courts of natural procedure it shame is, or at any rate originally
was, the sole cause of restraint to the action of which testimonial
mendacity was subjected: neither punishment nor oath
were there employed: and the success has been such, as
to have struck off advantages by reduced to a
small faction the usual antecedently customary number
of causes instituted in the Courts of Technical Procedure.

Identifier: | JB/047/301/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-06	Marginal Summary Numbering	1-2, 2a
Box	047	Main Headings	rationale of judicial evidence
Folio number	301	Info in main headings field	evidence
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d14 / e1 / f87
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15169
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