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2 April 1805
Evidence
The oppressive power of oppressing thus included in the
mentioned thus given to parties, thus given to allegations,
is beyond measure more effective, more salutary to injustice, more fatal to justice, than if given to testimony testimonial
expositions given to witnesses (viz: extraneous witness) and to parties
in the character of witnesses. By mendacious testimony, no
point is gained, any further than as it is believed obtains evidence: and
being by the supposition mendacious false the preponderant probability is that
it will not obtain evidence. But that in order that by means of
those mendacious allegations a malâ fide suitor should
gain his point, it is not necessary that the allegation
should in the end have any the smallest chance of
obtaining evidence. The object is to make the suit
more in a certain length of ways: viz. the length of
way which in virtue of the pre-established order of
things it travels of course in consequence of the exhibition
of an allegation to that effect. This length of way it is
sure to make: for the Ju author of this pre-established
system – the Judge, for the purpose of holding himself
warranted in subjecting the other party to take the ulterior
steps in question, the Judge, be the allegation ever
so flagrantly mendacious, is predetermined to act as if it were true take it for true,
or what comes to the same thing, to avoid seeing into the falsity
of it, and to act in a manner in which in point of justice and honesty he could not
be warranted in acting, upon any other supposition than the
certainty of its being true.
Identifier: | JB/058/335/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
cw 1799 |
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c. abbit lees |
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1799 |
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19004 |
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