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1
Obs. Tit.
Secret The grand use of publicity in judicial proceedings
is to serve as a check to the abuse of power on
the part of the ministers of justice. So far it
does nothing but good. But in throwing light
upon the conduct of those officers the ministers of justice, it
exposes to view at the same time the conduct of
the parties: it exposes to the censure of public
opinion any thing there may be amiss in that
conduct. In so doing it subjects them to a punishment
which in some cases may be too severe, in
others even altogether unmerited, as I shall pre
will be seen presently. As to this part of its effects then Thus far then publicity
does mischief. The business desideratum then is to sep avoid,
if possible, doing any of the mischief, leaving at
the same time the good effects of the principle in
their full force. Such is the object of the provisions
contained under the present title
I shall first shew that by the exceptions
here made to the general rule of publicity, the
good that results from it is in no degree lessened:
the grand object is in no degree sacrificed. If this
be made out to satisfaction, a slight degree of mischief
saved will afford a sufficient plea in
justification of the exceptions.
Identifier: | JB/051/293/001 "JB/" can not be assigned to a declared number type with value 51.
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051 |
evidence; procedure code |
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293 |
obs. |
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001 |
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text sheet |
2 |
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recto |
f1 / f2 |
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jeremy bentham |
[[watermarks::[britannia with shield emblem]]] |
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16458 |
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