JB/058/244/001

Click Here To Edit

22 Mar. 1805
Evidence

§. 3. Application of the principles of the domestic system to the forensic.

In all this there is nothing that a point of wisdom goes beyond rises above
the capacity faculties or goes beyond the practice of the rudest savage: this is
in point of wisdom there is little remaining to be added by the wisest most consummate legislator. In power, yes: for of the power father of a family, the
power extends not beyond the family arch bosom of the family: whereas there
are states the power of which stretches extends to the antipodes and encompasses
the whole earth.

Upon a plan thus equally simple, may judicial procedure the business of judicature, in its three branches
as above distinguished be conducted in a family even in a political state family of the largest
size in by far the greater part of the causes of all sorts that present
themselves, in a political state family, however vast the size bulk of it.

Upon a plan thus simple it still continues to be conducted
in certain instances in relation to certain causes, with view of perhaps without an exception
in under the most enlightened as well as the rudest states governments.

This then may be termed To this then, for distinctions sake
let us appropriate the denomination appellation of the natural mode plan or system of
judicature or judicial procedure: for distinctions sake, to distinguish it
from another, of which but too widely different, and of which there will
be but too much say in the course within the compass of this work: this the above the natural,
the only natural form, and this the most simple mode of it: procedure
by simultaneous appearance and vivâ voce intercourse: i.e.
between the parties, in the presence of each other and the Judge: say for
shortness procedure natural procedure, – commencing by simultaneous appearance
coram judice.

By appearance here I understand appearance of the party himself, what
every man of unvitiated common sense would understand understands by it, appearance of the
party himself: not, unless for special cause, the appearance of another person, even
a professional agent in his stead. By commencing As to commencement it must be
understood with this limitation, that in some cases the appearance and examination of the
plaintiff may be a
preliminary step to the
simultaneous appearance
of both parties.

Identifier: | JB/058/244/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-03-22	Marginal Summary Numbering	1-4, 4a
Box	058	Main Headings	evidence
Folio number	244	Info in main headings field	evidence
Image	001	Titles	application of the principle of the domestic system to the forensic
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e1
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18913
Box Contents