★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
March 1805
Evidence
In the manufacture organizing of misdecision, in the counteraction of the
direct end ends of justice, the interest under the influence of which the man of law
has been establishing his arrangements operating his works are not quite so obvious, but scarcely
less decided and efficient. In a double way, by a double
force, he has been prompted and induced urged to work iniquity in preference to justice set up iniquity as a mark to aim
it. Misdecision if not final on a ground foreign to the merits,
and at the same time not final and conclusive, will operate to
upon him to whom the injustice has been done whose prejudice the decision has been pronounced, will frequently operate upon
him, but as a spur by which he will be urged to seek in
a corrected course, the justice which is his due. To this consideration
– to this cause may all decisions on points foreign to the merits
all decisions pronounced on any occasion of the numerous occasions in which the word
nullity, and its conjugates, quasi-conjugates and correlations, invalidity null and void,
quash, set aside, are wont to be employed.
But where the under the auspices shade of uncontrouled power, the
workings of the slow and secret but incessant and indefatigable personal interest have substituted in the breast of
the Judge, to the outwardly displayed sacred love of justice, the love of an an inward and real affection
and predilection for injustice, an a bare indifference for justice, or
rather if not a much more pernicious statement affection is the sort
of affection, the prevalence and influence which may upon a multitude of occasions may naturally
be expected. Of the source of this affection with indolence, rash
decision, misdecision for want of thought, will naturally be a most
frequent fruit: and to this cause may be referred those exclusive rules
of exclusion rules of which the law of evidence is in a great part composed,
and by which it has been reduced to that state of deprivation depravity the
marks of which will in the course of this work be but too conspicuous.
Identifier: | JB/058/295/001 "JB/" can not be assigned to a declared number type with value 58.
|
|||
---|---|---|---|
1805-03 |
6-7 |
||
058 |
evidence |
||
295 |
evidence |
||
001 |
|||
text sheet |
1 |
||
recto |
e5 |
||
jeremy bentham |
|||
18964 |
|||