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§. By the Judge who extracted
the vivâ voce evidence
should the immediate
decrees, of in what so far as possible, be
pronounced.
In that stage of society in which the art of reading
is become to a more or less certain degree extensively pondered in use that art
by the production of which adding , be the sense of seeing
the assistance help which rectitude of decision is capable of drawing
from the sense of seeing has become not been sufficiently put
to use. The light which the demeanour of a witness is capable
of throwing upon the contents of his mind his thoughts and thence upon
the import of the words he by which he gives or pretends
to give expression the correct law expresses to them, no man but
must have had frequent opportunities of observing. If the
rectitude of decision, and for that purpose, correct conception and
judgment in relation to relative facts had been any the real objects
of judicature, no opportunity coincidence of coll receiving those lights could
have been foregone by any Judge. But the actual Very different however
has every where been the actual end of judicature. To extract
money from suitors for the benefit to the use of the Judge and his confederates
this has every where been the main object in so far as it depended
upon Judges not to speak of their master. To be able to pronounce
on each individual occasion with the less obstruction such decision
as should be most conformable to his personal view and
interest in all its shapes, his has been the real object, the object
next in importance. By separating the assigning allotting to two different persons
the two so naturally so intimately connected functions of collating
the evidence and framing the naturally appointed decrees
the operation and the upon the ground of that same evidence,
both these sinister purposes were both of them accomplished at by the same law means.
Identifier: | JB/054/158/001 "JB/" can not be assigned to a declared number type with value 54.
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jeremy bentham |
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