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Tit. V. Ch. VII. Purs
Motive of the Prosecution irrational Directly or obliquely, there never was a prosecution
against any man above the condition of a common thief in
which and great importance stress was not given laid on
the supposed motive of the prosecutor. Never was
a question so inscrutable, nor so perfectly useless fact more unascertainable, never a fact more <add>perfectly unnatural</add>
supposing it ascertained. Is the a law the less fit to be executed because the prosecutors motive happens to be illaudable? Are Is the law a good
one? It can not be so unless it is fit to be
executed: and were it unfit it would not be the more
so on account of the prosecutor's motive for informing
it be that motive ever so illaudable. Is one bad
man to go unpunished, or to be punished with less
than he deserves the less severity, because there is another bad man
in the world as well as he? Is a Judge to violate truth and justice and because give a false judgment only to spite the prosecutor Is an innocent man
to be found guilty because the man who the author
of the prosecution is a public spirited man
and meant well by it? Who can tell which of
half a dozen motives any one of them competent capable to
to the production of the have determined a man to prosecute was had the
greatest share in producin the production of that
effect? Public spirit, private vengeance, enmity party
affection, hope of profit all act together — which
the most powerfully? Can there be a more idle
question? the man himself, were his word to be
taken, does not know. Where is the man out
of a hundred thousand that ever sits down to make
the dissection of his own mind? Yet this dissection is
Identifier: | JB/051/272/001 "JB/" can not be assigned to a declared number type with value 51.
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evidence; procedure code |
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272 |
tit. v |
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note / (a) |
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4 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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16437 |
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