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1826 Feb. 11
Evidence. Introductory Sketch – Abridged
II. Improbity in relation to veracity
Improbity in relation to veracity admitts also affords a demand likewise for a
similar distinction: the evidentiary circumstances by which
the existence of it is indicated may be either one that such as applies applying to
a class – to the a class to which the individual in question belongs,
or apply one that applies by means of a particular act of his
applies to the individual himself.
1. Suppose a class of men such man so circumstanced that it is known for
certain that as notorious to all mankind in general that
he is at all times ready to give effect in judicature to asserting testimony
of the falsity of which he has not doubt: and that this
readiness has for its cause the pecuniary profit which he derives
from the manifestation of it: if⊞ ⊞ Suppose a class
the existing of a
class of men in whose
instance the existence
of this readiness was
matter of universal
notoriety and suppose
that on the score of improbity
in relation to veracity exclusion were as its nature subservient to right
decision, a in the class of men called Advocates or Barristers
at law may be seen an instance and that the
most preeminently and undeniable one of a class upon against to
every individual member of which the cause of exclusion
exclusionary testimony-excluding bar should on this score bet set up:
But in England, of the higher ranks of Judges so
called there are none never are any whose elevation
to that seat of power has not been not only preceeded but caused
by the circumstance of their appertaining to that so eminently
untrustworthy class, but commonly produced by the experience
by the appropriate active talent displayed in the exercise
of the functions belonging to it. On the score of appropriate relative improbity
as evidenced by situation, the demand for the application of the exclusionary bar is therefore still stronger
in the case of the Judge
than in the case of the
Barrister: strongest of
all in the case of the Lord
High Chancellor, the Master
of the Rolls, and the
Judges.
Identifier: | JB/047/418/001 "JB/" can not be assigned to a declared number type with value 47.
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evidence introductory sketch or abridgment |
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jeremy bentham |
j whatman 1819 |
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john flowerdew colls |
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1819 |
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15286 |
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