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28 March 1805
Evidence
But though the mode of enquiry that naturally takes place in
domestic the domestic judicature is a model which to the extent of it can
not without injustice be departed from in political judicature, there
power will readily present themselves without which the domestic
judicial system can never with any sufficient appearance of efficacy or adequate efficiency
be applied to any such public purpose. These are:
1. Powers for securing the forthcomingness of parties persons individuals at whatsoever distance
whether in the character of parties or of extraneous witnesses.
2. Powers for securing the forthcomingness of things to the like extent whether in
the character of sources of real evidence, or in the character of
subjects or objects of property – elementary parts components of the aggregate mass
or stock of the matter of wealth, wheresoever situated, in
other words for converting the matter of wealth into the matter of satisfaction – punishment (in
general pecuniary satisfaction, according to the nature of the case.
3. Adequate powers of punishment adequate (as far the as human frailty admitts) to the purpose of
security the veracity and verity on the part of persons (parties
included) in the character of witnesses: including the power of
subjecting mendacity, to the by the intervention of the ceremony of an oath, to
whatever may be the pains attached to perjury.
Such are the principal powers requisite for the rendering making the domestic
system of enquiry applicable with effect to the purposes of public
judicature. But as to the mode of enquiry, it will not (it is
evident) be the less entitled to the epithet of natural, whatever may
be the powers superadded for the purpose of giving it effect when
employed upon the enlarged scale of public judicature.
Identifier: | JB/058/268/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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