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Ch. II Operation of Procedure
(3 §.
33
Probation commences
with Application
Probation commences with Application. In the Abhorrent
to natural procedure is the distinction between allegation
or inferences and evidence. In other In tackling
procedure alone in that system alone which had for its object
the question of lies for the purpose of maximizing the number
of groundless suits and defences would any such distinction have
originated. So may instances in which
admission and effect is given to allegation which for the purpose of being
punishable in case of mendacity is not considered in evidence
so many instances in which admission and effect, and thereby
allowance and inconsequence is given to mendacity. Immeasurable
are those instances. At the commen Not a suit
that does not commence with one of them: and the of the endless
scheme of them the first all occupied in depriving users of liberty are
at pl the pleasure of any other who by whom the facility
of receiving the oppression in this shape is ready to be purchased
of the Judge at the established price.
34
Natural & technical
system contrasted
That pain which the actual system gives to any one who
applies for it and without responsibility on his part the Natural
system offers it is true to any man but in no case
the responsibility by the eventual punishment to which he is subjected
in case of mendacity in the same manner as any
witness who is called a witness: to which responsibility
when the case requires it, is added the obligation of finding
security either real by property actually of his own actually
pledged by himself or by a conjoined obligation introduced
by a juridical bondsman who binds himself to concur in
affording compensation to the Defendant in the event of any abuse
of the power exercised at his charge for the purpose of securing
his effectual responsibility — of securing execution and effect to
an ultimate degree if promised at his charge
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jeremy bentham |
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jonathan blenman |
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