★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
24 Novr 1811 Ch.10 §. 4.
Evidence
§. 4. Modes of interrogation principally in use.
The form of the discourse, viz. oral or scriptitious –
the constitution of the judicatory – and the character distinction,
such as it is, between publicity and privacy – by out of these three circumstances
put together five distinguishable and alike established modes
of examination or interrogation have been may be seen composed:
in the oral mode, per partes coram judice et assessoribus publice(a). 2. the epistolary
mode, per partes(b); 3. the oral mode, in secreto per judicem
delegatum secreto(c); 4. the oral mode in secreto per judicem
utrinque electos;(d) 5. the oral mode per judicem publice(3).
Of these several modes the comparative eligibili subserviency to the purposes of justice is, in the body of the work endeavoured to be
brought to view.
Browbeating – I mean the species of professional
or rather official insolence and oppression – (I say official for the
presents Browbeating as an objection, which, by the practitioners⊞ ⊞ Advocate can not offend unreproved but he has the Judge for his accomplice) Browbeating under the secret mode, has been urged,‡ ‡ Browne II. 479. and
against the first of these modes, and as with but too much justice, if as seems to be tacitly assumed the abuse were and irremediable
one. In the character of A remedy, if not
absolutely curative, palliation at least, will be found suggested.
Identifier: | JB/047/336/001 "JB/" can not be assigned to a declared number type with value 47.
|
|||
---|---|---|---|
1811-11-24 |
1 |
||
047 |
rationale of judicial evidence |
||
336 |
evidence ch. 10 |
||
001 |
notes |
||
text sheet |
1 |
||
recto |
d11 / e1 / f122 |
||
jeremy bentham |
|||
15204 |
|||