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26 Jany 1805
Evidence
Ch. Arrangement common to all technical systems – exclusion of the parties
from the presence of the Judge.
Before we come to the display of bring to view the leading features of
the two rival systems, and coming thence consequently their mutual points
of difference, one feature arrangement which they have in common is so
fundamental a one, and so decisive of every thing that follows,
that unless it were stated in the first place brought to view at the outset, a cloud of obscurity mists
would a cloud of mystery would all the succeeding details would remain envelopped
as it can in a mist. I mean the exclusion of
the parties from the presence of the Judge.
The application of it, it is evident, extends not to all
sorts of causes. It extends not to penal causes of the higher
classes, in which the forthcomingness of the defendant is necessary
in the first instance as soon as it can be obtained, to secure his forthcominingness at the concluding
stage for the purpose of punishment. To the penal suits of
the lower ranks inferior degrees it is either unapplicable inapplicable in its nature, nor
unapplied in practice. But those of the non-penal class
causes in which the public has no immediate interest causes between individual and individual, those more especially which have the propriety
matter of wealth for their subject matter – those are the causes in which
the existence of this feature is most uniform, and the effects
upon the administration of justice or what goes by the name of justice most important and conspicuous.
The matter of fact, notorious as it is would remain wrapped
up from first to last in a coat veil of mystery, if the at the
outset, the causes of it, as well as final and as well as official, were
not brought to view. up the leading feature Without this
explanation the whole system is a riddle, and that riddle altogether
an expli inexplicable one. Point out the cause, you gave the key
to the riddle: every thing now is plain and clear: all is mystery and darkness
are no more – the riddle enigma is solved: the is drawn up: all mystery is at an end.
Identifier: | JB/058/285/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-01-26 |
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058 |
evidence |
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285 |
evidence |
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001 |
arrangement common to all technical systems - exclusion of the parties from the person of the judge |
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text sheet |
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jeremy bentham |
cw 1799 |
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c. abbit lees |
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1799 |
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18954 |
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