★ 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
CERTAINTY EVIDENCE Informers reprobated erroneously
& in Summary, Trials The truth is, it is to this maxim being eluded that
the Laws are indebted for the little they possess.
The He who finds makes claim must share the profit
with him who proves — they must hunt in
couples or not at all. It is hence that
none they alone but those who make a regular Trade of it can
do any thing in it, ever intermeddle. £40 for taking a Highwayman Interest — strong Thus the execution of the
Laws is taken out of the hands of the greatest
part of those who would otherwise join in engage in it,
Evidence — saving life much stronger yet and vested in those of a few whose hands are the
worst in whom it could be vested. All this,
while the Law Maxim is complied with, & the only way
it could be complied with, by it's violation.
---page break---
When Lawyers persist in giving to their maxims
an authority original, without exception, & without
Appeals the most salutary of them turn,
upon many occasions, poisonous. There is
not one of them which should be established without
a standing proviso tacked to it in favor of
Utility — there is not one of them, of which
some higher reason cannot be given, so far as it
is reasonable, which higher reason ultimately
is utility.
Maxims are adopted by them from their sound,
without any attentive investigation of their effects:
Observing them to take well in in the instances particulars on
which they first try them, they contract an attachment
for them, for from which they soon learn to
resolve that nothing shall divorce them. They
lay them up in their treasury of original Principles;
& contra negantum Principia non est disputandem.
From them, as the Catholics from the Authority
of the Church, having got into the habit of proving
every thing, they are intractable at the thoughts of travelling
backwards & seeking out the proof for them & submitting them to question & controul.
Identifier: | JB/051/031/001 "JB/" can not be assigned to a declared number type with value 51.
|
|||
---|---|---|---|
051 |
evidence; procedure code |
||
031 |
certainty evidence informers reprobated erroneously |
||
001 |
|||
text sheet |
1 |
||
recto |
|||
jeremy bentham |
[[watermarks::propatria [britannia motif]]] |
||
16196 |
|||