JB/058/309/001

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25 March 1805
Evidence

To the situation of the plaintiff substitute that of defendant, it
makes little difference. A Preserved from hopeless insincerity by
the prospect of those assured and unanswerable questions, a man will not enter
upon a plan of see beforehand the impracticability of carrying on
a plan of manifestly groundless dilatory defence for the mere purpose of deferring the
fulfilment of a known obligation, or continuing as long as possible
to rece the flowing in of profit from an unlawful source.

But perjury? – where is the law opposed in this case
to the iniquity of him who will not stick at perjury? Unquestionably
not an effectual one. But the question lies between
at this only natural system of procedure and all existing technical ones, and
the difference is this. Under the natural system, if the sanction of an oath being necessarily supposed to be called on a man can
not derive the profit of from conscious iniquity without encumbering the
perils risks attached to perjury, those perils enhanced by the obligation
of encountering the scrutinizing searching interrogations of the injured adversary:
whereas under every technical system a dishonest man, whether in the
character of plaintiff in all cases, in the character of defendant
in most cases enjoys reaps of course in the first instance all the benefit profit
of insincerity an undissembled iniquity, and without exposing himself to the smallest risk of punishment
either as for perjury or for mendacity, enjoys it for to the whole
extent of the time that he can to give to the litigation contest,
enjoys it at no other expence than that of paying the price which
the man of law, the organizer and accomplice of the iniquity
and the delay, has set upon the labour expended by him himself
in the manufacture of it.

As the lustre of the gain would in great part be lost were it
not for the fact that lies beneath it so the excellence of the natural
system would be apt to escape from notice escape from notice until contrasted by the
correspondent and though devious arrangements of technical procedure.

Identifier: | JB/058/309/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-03-25	Marginal Summary Numbering	5-7
Box	058	Main Headings	evidence
Folio number	309	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18978
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