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16 May 1805
Evidence
The Court without power of inflicting punishment, under
the name of punishment, but not possessed of an unrestrained faculty with an intimated power of interrogation,
and therefore thence not without the power of calling for
compliance with their advice, under the penalty of present shame.
No cause in any other Court without previous examination
in this Court. Therefore no mala fide demand or mala
fide defence capable of being set up without having been
previously brought to light and to decision in this Court.
No power of compulsory done compulsory power for
converting to recommendations of this Court into obligatory mandates.
For what reason refer this withhold a power seemingly this indispensable?
perhaps for this, that but the Court, not having any men of professional
and experienced men of law amongst them, should such decisions pregnant
with , become repugnant to the tenor or prospect of
already existing and unestablished laws.
But would it is the example would it be absolutely
impossible to find an honest lawyer who for all the rewards
that profit salary or honours could bestow could not be prevailed
upon to act under the natural system of procedure? Is the
conception of an honest lawyer so compleatly visionary.
In the English Courts of Conscience the practice design policy
with regard so far as concerns, and perhaps with the same view, to the exclusion of lawyers, I mean from the bench,
appears generally to have been adopted: the object was the getting
rid of these technical rules the observance of which would, in that
relation to that humble and limited sphere of action have been altogether
incompatible with mortal to all justice.
Identifier: | JB/058/047/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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