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April 1804
Procedure
Judicial Establishment
Ch Session uninterruptedness
(1
Ch. Of arrangements for preserving the deposition of evidence
§§ 2. Principal arrangement. Non discontinuance Uninterruptedness of session on the
part of the Court
1
Uninterruptedness of
session, the arrangement
of principal importance as well
as general application
In the case of all three sorts classes of evidence, personal, real
and written, the an arrangement on which the preservation of evidence
from deposition depends much more than on any which respects
the particular a class of evidence, is — the con uninterruptedness
of session on the part of the Court.
On a former occasion the importance this arrangement has been already brought to
view.
2
Intervals of
in judicature
are later intervals
of anarchy in government
criminal
A system of procedure. a judicial establishment — which allows
of every the smallest interruption in the sittings of the Courts of
original jurisdiction may be pronounced radically incompetent
to its purpose: no less so, though in a narrow more limited sphere than
a system of constitutional law — a monarchy for example
which between Monarch and Monarch should appoint intervals
of anarchy.
3
As the demand for
judicature never
ceases, neither should
the supply.
If there were days on which depredators ceased to act —
on which men in general ceased to be unjust no injustice was committed on which no
human being died, there might be days on which Courts might
cease to sit. These would be the true deis infasti: in the absence of utility and justice these, the
true red letter days. If there were days on which sickness
were unknown, these would be the days on which physicians
might take their pleasure.
4
Judges should act
more like politicians
than physicians
Physicians being men without power Physical senses not conforming, physicians are were made
for patients. Lawyers being men of power, suitors were made
for lawyers.
Identifier: | JB/057/057/001 "JB/" can not be assigned to a declared number type with value 57.
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057 |
evidence; procedure code |
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procedure judicial establishment |
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text sheet |
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recto |
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jeremy bentham |
1800 |
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