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15 April 1805
Evidence
What is curious, is – All the while Meantime this sort of information, which is considered
as not amounting to evidence – as not trustworthy enough
to deserve the name of evidence – this information which is never
considered as possessing capable of acting with any weight in the scale of evidence – which
is never so much as received into the budget of evidence – to this very
species sort of information such a degree of power efficiency – of effective power –
is given – such a degree as is not in any case scarce given
to the most trustworthy article lot of evidence. In no instance No article of evidence
at least of testimonial evidence is considered as commanding
the decision demanded prayed for sought for by the production exhibition of it by the party by whom it is produced.
In every instance Information of the sort here in question – allegation
– the I mean allegation which constitutes the groundwork of the cause
is understood to exercise an absolute command over the
decision or decisions sought for by the production exhibition of it: or
else, what comes exactly to the same thing, the same effect
is made to take place – the same chain of burthensome obligations
is thrown imposed upon the adverse opposite party – the defendant, as would
be throw upon him by a corresponding chain of decisions
specially adapted to each particular purpose.
To defend Of defending himself against the demand made upon him
by the instrument of allegation by which the suit is commenced,
shall cost a man for example a year and a half's income the expence shall amount for example under the system in question to
of an average individual: such then is the amount of the pecuniary
burthen which under that system every man is empowered
to impose upon any other – by that sort of information
– bare allegation – which is not understood regarded to be sufficiently
trustworthy to bear the name of evidence.
Note
( ) Under English jurisprudence, the expence on one side only – that
of the Dft for example amounts at its minimum to more than the quantum
above exemplified.
Identifier: | JB/058/339/001 "JB/" can not be assigned to a declared number type with value 58.
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evidence |
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339 |
evidence |
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jeremy bentham |
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