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By what By what hand shall this instrument of illumination elucidation be
applied its applicable? Prejudice apart – prejudice denied
from primeval barbarism and unreflecting practice –
the answer seems not difficult. Subject only to the necessarily-controuling hand of the Judge, from every hand
from which in this shape any useful suggestion can,
with reason, be expected. Not to speak of the Judge, whether
principal and
permanent(a) (a) The Judge so called is assistant and occasional – from the hand
of a party by whom the evidence was called for – from
the hand of a another party on the same side of the cause – from
the hand of the party on the opposite that side have side, or, if on that side there be divers parties, from
the hand of each one of those parties – from the hand of
a witness or a witness called on the opposite side – from the
professional assistants or substitutes of the parties on in all
those several situations. – Why not come from an amicus curiæ?
Interrogation undiquaque is the adjunct by which
interrogation may be expected, when the light, which it
so well suited to afford, is let in from all quarters, from
which interrogation to these purposes be can to the purpose here in question, light can reasonably
be expected: and, belong nothing made due allowance made for special reasons
to the contrary in special cases, interrogation undiquaque is the mode
which may , as it should seem may be stated, as
the mode prescribed by reason and justice.
Meantime, by whom soever proposed he be applied,
cases are not altogether wanting in which, it will be seen whether physically, or no,
to be prudentially this security, important as it is, will be
seen to be prudentially inapplicable: in the shape of delay,
vexation and expence, preponderant inconvenience presents
a class of occasional exceptions, or no expectation the propriety of which is most obvious in.
Identifier: | JB/047/304/001 "JB/" can not be assigned to a declared number type with value 47.
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4-5 |
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047 |
rationale of judicial evidence |
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304 |
evidence |
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001 |
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text sheet |
1 |
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recto |
c2 / d17 / e2 / f90 |
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jeremy bentham |
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15172 |
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