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15 April 1805
Evidence
Instead of 1 1/2 year's income propose to ground
a decision bereaving the defendant, though it be but of 1 1/2 day's
income, by a decision grounded on the part-information
in the shape and under the name of evidence, and
under all the securities against falshood and deception that are regularly
brought to bear upon whatever goes by the name of evidence
a man of law will would stand aghast at the injustice: – bereave
him of 365 times the amount by a chain of decisions
or pre-established arrangements having the effect of decisions, bereave
him of 365 times the amount, on the ground of a bare allegation
to which none of the securities against falshood and
deception are suffered to apply, all this of course is
perfectly right, consistent with the dictates of justice because consistent
with the order established course of judicature, and thence
we are to understand of course, with the dictates of what goes by the name of justice.
Whence this inconsistency? Whence this insurmountable invincible
scrupulously in the one case, this boundless facility in the
other? from this, that because the exposing in the way in question a man to the chance of being unduly bereaved
of the value of 1 1/2 day's labour, would besides the discredit
that it might reflect upon the operations administration arrangements of the man of law
deprive him of the profit attached to the admission of evidence
on that side.
Whence this boundless facility in the other case? – From
this, that by from his being dragged from the beginning to the end of
the course of technical procedure bereaved out of the value of 1 1/2
year's labour which has been squeezed out of him by the time
that he has been dragged from the beginning to the end of a
course of technical procedure, a great part, perhaps by far the greater
part has been detained by the multitudinous hands to feed the multitudinous
mouths of the men of law.
Identifier: | JB/058/340/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-04-15 |
7-8 |
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058 |
evidence |
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340 |
evidence |
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001 |
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text sheet |
1 |
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recto |
c3 |
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jeremy bentham |
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19009 |
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