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22 3o
Propositions
(1 § . No Oath
Give up swearing — Give up making people
to swear, or you give up Justice veracity sincerity and .
Witnesses. No
But for evidence, no
right, no security. So says The
big picture. No oath no
evidence: no fees no —
So says Judge-made Law.
Perish Justice. so as fees
be proved and
§ . Security against duplicous falshood must should be all-comprehensive
Oaths narrowed it
5
This topic why
prior to that of
Procedure
For the purpose of rendering intelligible the observations belonging As a preliminary to what belongs to the topic of procedure
those which belong to the present one will be seen to claim by an irresistible title
the precedence over them.
6
Judicature effectual
only in proportion
to freedom of evidence
from deception
Only in proportion as the evidence which it serves is employed
to check is free from being deceptive does judicial procedure
produce the effect which whether it is or no ought to be intended
by it. Unless the existing state of things the state in which
evidence is checked such as
in such a state most occasion is the
body of evidence elicited, that deception of the part of the Judge is the result, and
without blame on his part deception follows.
7
This
7
This deception the effect
1 non employment of
effectual security — viz
punishment
2 employment of a
fallacious security —
viz the oath
This deception is the result of the joint influence of the two causes
1. The consequent non employment of the two proper appropriate necessary sort of securities: the employment
given to a false and fallacious security
The necessary security is punishment — eventual punishment
The improper and fallacious sort of security is the ceremony
of an oath the act called swearing, the ceremony called taking
an oath
Of this fallacious security the effect it will be seen is — to put
an exclusion upon the only efficacious one.
8
Injustice of corruption
introduced by this
fallacious security
a reason for introducing
this topic
before that of procedure
Over the topic of Procedure this topic claimed by an
irresistible list the precedence: for in proportion proportionate to the extent in
which employment is given to this same false security, the system
of precedence fails of altering what ought to be and is professed to be its
main end, and injustice is the consequence.
The corruption introduced planted by this ceremony into the system of
judicial procedure, the following observations which here follow will help
to bring to view
Identifier: | JB/057/320/001 "JB/" can not be assigned to a declared number type with value 57.
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1827-10-24 |
5-8 |
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057 |
law amendment |
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320 |
law amendment |
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001 |
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text sheet |
1 |
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recto |
d22 / e1 |
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jeremy bentham |
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18650 |
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