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29 March 1805
Evidence
A question here presents itself. – If A system perfect in
the first instance, and rendered less and less perfect by growing less and less perfect with the growth of experience
– can this account of the matter be a probable and
All other sciences receive advancement from are can have been continually advancing with the progress of experience. Is be
Is not this the path of the golden age? All other Every other
branch of science keeps on and ever has been and still keeps
on advancing with the progress of experience. In law legislation, the first
of sciences, and in the law of procedure in particular, is there
any thing that capable can constitute it an exception to the rule?
Yes verily: with substantive law we have no concern
at present. But in the case of adjective law – the law of procedure
a cause may be assigned, nor that an unobvious
one, by the virtue force of which in past ages a prodigious
degeneration could not but have taken place, howsoever it may whatsoever in this
respect may be the destiny of fare with future ones. From the known principles of human nature
came the general rule: from the other equally known and incontestable
principles of human nature came the exception which
we shall have reason are now settled upon to bring to view.
Among mankind in general at large, a general conception seems to
have prevailed, and even to be still prevalent, that the fulfilment attainment
of the ends of justice, the fulfilling accomplishment of the predilections delivered
by the substantive branch of the laws, and that whether with as little
collateral inconvenience in the shape of expence, vexation and delay, as
possible, has been really and bonâ fide the end and object aimed
to which to the attainment of the practice observed and arrangements made by the
fabricators of the adjective branch – the system of procedure – has really and
bonâ fide been directed. To propagate this implant this opinion among in the minds
of mankind in general there has been, as may naturally be imagined, no want of
industry on the part of the man of law: and as it is only through the medium
of the man of law – his writings, his discourses – that any conception in
relation to this or any other branch of the subject was to be obtained, no
wonder that the conception impression, true or false, entertained of the matter by
mankind in general should have been such, as it answered his purpose
to impress communicate and propagate.
Identifier: | JB/058/301/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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