JB/058/173/001

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25 May 1805
Evidence

Taking the world throughout The sort of person by whose by far the greatest share has
been taken in the framing of the existing system of procedure
has been the Judge, exercising in a sort of indirect
and unavowed way during the sleep of the legislator the function of the legislator, in
a moment manner that will hereinafter be explained. In the barbarous
ages in which the foundations of the system were
laid, so it has happened that no such sufficient care was
taken, nor indeed in those days could easily have been taken
to render the particular interest of the Judge, when occupied
in the exercise of this function, coincided with the
general interest of the community. On the contrary. The
motives motive force by which he was prompted to pursue the general
interest was as slight feeble: unsteady the sinister motives by the force of which
he was urged to pursue a line of conduct repugnant to it
were strong, and the opportunities of acting in consequence
so favourable as to be irresistible. If to provide for the
attainment of the direct ends of judicature the regard being
had to the collateral was his duty, so unfortunately were
matters arranged that the path line of conduct in which
he was engaged by personal interest was in many not to say most instances,
is opposite to the line of such is duly as possible.
The consequence has been the production of all those evils by far the greater part of that mass of evil
the elementary part of which we have been seeing under the head of Factitious
causes viz. of the suits opposite to the ends of
justice: factitious causes sometimes as well positive as negative.

Identifier: | JB/058/173/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-25	Marginal Summary Numbering	9
Box	058	Main Headings	evidence
Folio number	173	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18842
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