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1
Quest.
Why Courts of Justice are in general
required to be open?
Answer
To act as guard upon prevent the Judge from failing
on the side of inclination. [To apply the force
of the moral sanction to fix him to his duty].
To keep him fast to his duty by the rewards and
punishments of the moral. The censure of the
the world constitutes the punishment of the moral sanction:
their approbation its rewards. In other cases the
power of the moral sanction is comparatively needless,
and besides that it is comparatively weak.
Here it is supremely necessary and the force of it
is herculean. Applied to the obscure transactions
of individuals the moral sanction is liable though
in a somewhat less degree to all those uncertainties
which weaken the force of the political. The party
may be infamous and the force of it already spent
upon him. He may be of low degree and too
abject to feel its force. The opinion formed of
his conduct may waver for want of evidence:
they may disagree for want of conformity in the
evidence: they there may be no opinion framed
about the matter, for the transaction may be altogether
hidden
Identifier: | JB/057/009/001 "JB/" can not be assigned to a declared number type with value 57.
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057 |
procedure code |
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009 |
c p |
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001 |
[[titles::[publicity] / courts why open]] |
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text sheet |
4 |
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recto |
g1 / g2 / g3 / g4 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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18339 |
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