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7 Decr 1811 Ch. 8. §. 9
Evidence
Such being the importance of publicity to justice, Publicity being a among the natural instruments of justice,
secrecy, unless under particular limitations, one of the most mischievously efficient
instruments of despotism, hence hence one obvious memento,
on no occasion to give, to privacy, any extend beyond
what the particular nature of the occasion absolutely
requires.(a)
Attached to every great theatre of justice should
be a little one theatre. Leaving the auditory in the great
theatre, undisturbed (not driving them driven out like cattle
as in a division in the House of Commons) as often
as any special demand for privacy happens to present
itself, like the (for example where for relief from one to on the part one on the part of one unoffending
party or witness from an impending burthen, pecuniary circumstances are to be
enquired into) let the Judge, taking with him such
persons, who whom the propriety of whose presence of whom is indicated by a compromise
between the antagonizing principles, reposed
shift the scene for the occasion into shift into the Little Theatre.
Note (a)
(a) In Lon the metropolis, in examinations taken in
criminal cases by Police Magistrates, privacy is occasionally
given, to the and will however that avowed by, given to this
on the part of the enquiry: and this secret mode,
not being employed but otherwise than sparingly, and
for special and visible cause, nor even thus, being
other than provisional, and capable of being eventually succeeded
by eventual compleat publicity applied to coextensive
with the privacy, justice serves to have everything to gain by the temperament, nothing to lose by it.
Identifier: | JB/047/317/001 "JB/" can not be assigned to a declared number type with value 47.
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047 |
rationale of judicial evidence |
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317 |
evidence ch. 8 |
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note (a) |
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jeremy bentham |
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andre morellet |
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1806 |
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