JB/058/333/001

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2 April 1805
Evidence

§. Technical System – No check to Mendacity

Under the technical system the matter is <add>matters are thus arranged.</add> Thus then are matters arranged. For mendacity, no punishment
bu where by the previous exaction of an oath it has been previously converted into perjury.
But, for the conversion of it if converted into perjury, an oath must previously have been
administered: but had to a party an oath is not administered. Ask why not;
no answer is to be found.
But in judicature, i.e. in judicature conducted upon this
system, perjury is not understood to be the offence of any other
person than a witness. Moreover no man ought to be a
witness in his own cause: a party the station of party is
one station: the station of witness is another: to the station of a witness
the licence for granted to mendacity does not extend: to the station of party it does extend: to a party, every thing is allowable.
What a witness man says in the character of a witness, is
testimony: in testimony mendacity is not allowable: what a
man says in the character of a party, is mere allegation:
in allegation, it not being testimony, mendacity is allowable.
Ask Cicero also; the greater teacher of moral duty: – concubene
est oratoribus, aliqued insutors in histories.

True it is that he in certain instances a party is subjected
to examination: and in the case of such examination
mendacity is converted into perjury. But this is only in particular
instances: and in those instances he is being considered as
a witness, he is treated as such. But in all those instances
the jus mentiendi, the corner stone of the technical system
is carefully preserved. In whatever is considered as mere allegation,
the privilege of lying is carefully preserved. It is
no check to lying that secured its privilege, that on this or that particular occasion it is
made punishable so long as there are occasions in which it
is not punishable, and the number of those occasions is left to
a man's device.

Identifier: | JB/058/333/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-02	Marginal Summary Numbering	1-3
Box	058	Main Headings	evidence
Folio number	333	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	cw 1799
Marginals	jeremy bentham	Paper Producer	c. abbit lees
Corrections		Paper Produced in Year	1799
Notes public		ID Number	19002
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