JB/047/312/001

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7 Decr 1811
Evidence

§. 9. Publicity and privacy in the proceedings §. 9. VI. Publicity – to most purposes, and on most occasions.

Publicity and privacy are antagonizing qualities:
by from privacy, in so far as it obtains, publicity receives
its limits: privacy considered as the effect of design,
and privacy takes the name of secrecy.

Conceivable As to publicity – conceivable publicity has no other bounds than
that by which the human mentioned total humber of human beings is circumscribed.

In regard to judicial instruments and operations
in general, and in regard to evidence and the delivery
of evidence in particular, both publicity and privacy,
with reference to the ends of justice over and above those uses
those uses other cases the by which they are
numbered among the securities for against deceptious
incorrectness and incompleatness in evidence, But have
other uses, belong not directly to the present purposes⊞ ⊞ ☞ Set in a Note. which are
equally referable to the ends of justice: but those other uses some of which will presently be brought to view
have no direct bearing on the
present purpose.

(a) Uses of Publicity in relation to evidence Uses of publicity in relation to evidence.

1. Of publicity, as applied to all those instruments
and operations without distinction, the one capital and all-comprehensive use operating in consists in the operation it has, in the character way of restraint upon
misdecision, and against injustices in all its other shapes, on the
part of the Judge: by it, in the character of a safeguard the force of the popular
and or moral sanction is brought direct way to
bear upon his conduct and in a direct way, and moreover in a less direct way,
viz. by helping to furnish eventually-convicting evidence,
of the legal sanction: and, in so far as
by in the exercise of his authority, it lies in the way of the
Judge to promote restrain or to promote deceptious incorrectness and incompleatness
in evidence in so far does as publicity operates
in the character of a security for correctness and compleatness.

Identifier: | JB/047/312/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-07	Marginal Summary Numbering	1-4
Box	047	Main Headings	rationale of judicial evidence
Folio number	312	Info in main headings field	evidence ch. 8
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d25 / e1 / f98
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15180
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