JB/058/116/001

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30 April 1805
Evidence

Of these maxims – the effusions of imbecillity wandering
in a chaos of its own creation – two classes may be distinguished of those technical conditions of wh with
the mass of which volumes upon volumes might be filled, two
classes may be distinguished. Those of the one have respective
to the substantive law: those of the other, to adjective. To each
a test may be given – by which its reason pretensions to the
character praise of rationality and utility may be tried. In the As to
instance of Such of them as bear reference to substantive law
lay those by this test consists in their tendency where applied to practice, that
is in the tendency of the arrangements which they are employed
to recommend, in respect of the production or prevention of assignable pains
and pleasures. Such of them as bear reference to adjective law,
lay those by their subserviency to the ends of justice: to the ends
of justice, not as dreamt of by figured in the dreams of rhetoricians, but as here distinctly
brought to view.

Examples of maxims constituting so many capricious ends
disparate from and unsubordinate to the legitimate end of procedure
and its several branches.

1. debet supsum Improperly expressed Not fit to be observed in any
use: not no practice not adhered to with any tolerable uniformity
or consistency.

2. Non bis in idem. Not fit to be observed in any law. Referred to in French Law. More steadily
observed in English law, where its observance is more mischievous
than in French. It affords a sure receipt for
impunity, to every criminal who can contrive to keep a witness
out of the way for a few hours.

3. debet esse testes in propriê causâ.† † ☞ Give the rest of Maxims and Axioms.

Identifier: | JB/058/116/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-30	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	116	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18785
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