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7 Decr 1811
Evidence
In so far as in relation to evidence, publicity of evidence is necessary to justice,
it is so no less before not less before than after than after litigation commenced: and,
to this purpose, the distinction between actual and potential
publicity may be of use should be kept in mind.
It applies (this distinction) in a most especial manner to official
evidence: documents indicative of the transactions of public
offices. In whatsoever office ultimately-potential publcity
is, from any part of the proceedings, banished, in so
far despotism is established. But to ultimately-potential
the substitute actual publicity throughout, would, in the
shape of vexation and expence alone, over and above
special inconvenience by disclosure, – correspond (an inconvenience varying according to the nature of the business:) be productive of such inconvenience, as, in the shape
of vexation and expence alone, would of itself be found preponderant.
In relation Of Official evidence see further more may be seen in the Chapter
on pre-appointed evidence.
Identifier: | JB/047/315/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-12-07 |
9-10 |
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047 |
rationale of judicial evidence |
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315 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d28 / e4 / f101 |
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jeremy bentham |
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15183 |
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