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24 Novr 1811
Evidence
Of this severance Of a severance, upon the very face of it so unnatural, a severance the not
very deep-seated causes will be pointed out: and it
will be seen how far they are from coinciding with any sincere
regard for the interests of truth and justice.
Note (a) to paragraph 43 2 on the preceding page
(a) Under Rome-bred procedure, the Judge
in the French edition of it,
in the deciding Judicatory, the Judge by whom the mass of evidence
had been call received and extracted was called the
Juge Rapporteur: – and so in other countries in which
Rome-bred procedure is principally employed.
The turning over to a Clerk's Clerk, the business
of in sitting in the in a like examining the witnesses each witness in a tête à tête, the faculty of
with the forming formation of those grounds by
which, in all the parade of publicity, the decision
of pronounced by the head of the law has been determined, is among
those exemplifications of interested negligence, which
were reserved for English judicature.⊞ ⊞ By the arrangement
by which he is thus
laid under the happy
impossibility of judging
will, the purse of this
or that other, great dignitary, is
as usual swelled.
on this, as on so many
other occasions swelled.
If in other countries in the If for the
Judicatories of the Roman source, other of other countries there is not the same justice excluding
secrecy, for in a constantly attendant scribe including
secrecy, at any rate, person by which probity in the Judge finds at any rate that one check
the person or persons by whom the evidence is collected is or are of the same such official class
and rank, and at other times employed in the same occupation
and rank, with those the person or persons by whom the decision grounded
pronounced on the grounds of it come to be formed.
In other countries, of the in those judicatories of the
in which the same mode of extraction, viz. the Roman mode, is pursued, not
only is the functionary, by whom the evidence is extracted,
a person Judge of the same class and denomination rank, and at other times employed
in public in the same occupations, will those as those are by whom the decision which is to be
pronounced on the ground of the evidence thus collected, is to
be formed, but impor in that person Judge improbity finds a cons
constantly present check,
imbecillity a constantly
present support, in
the person of an attendant
scribe.
Identifier: | JB/047/332/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-11-24 |
3-4, 2 |
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047 |
rationale of judicial evidence |
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332 |
evidence |
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001 |
note (a) to paragraph 2 on the preceding page |
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text sheet |
1 |
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recto |
d7 / e2 / f118 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15200 |
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