JB/058/343/001

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8 April 1805
Evidence

This rule andi alteram partem seems is commonly regardedspoken as one among
the deepest laid parts of the foundations of justice. The violation
of it, the refusal to hear the other side, an arrangement by
which the advantage of a hearing is refused to either side, is
commonly regarded as one of the most flagrant, if not exclusively
the most flagrant, of all violations of justice the forms modifications of injustice.
Examined closely more narrowly it will however be found to be no more than
a sort of and subordinate narrower injustice, included in
that mode feature of procedure which constitutes the essential difference by which the technical system is
between the technical and the natur distinguished from the natural. After the one side plaintiff has
been heard, the other defendant should be heard likewise – why?
because should the plaintiff's information evidence furnished by the plaintiff be false, there is nothing
nobody to correct it: should it be incompleat, there is nobody
to compleat it: and in either case event, deception on the part
of the Judge and from through deception misdecision may be the
certain consequence. True – in all this there is nothing but
what may be, and is indeed but too apt to be. Still however
in this case misdecision is would be far from certain, and were the
error practice universal would be far from constant. It may be,
on the plaintiff's side there would be nothing but truth: it is not
natural, because it is not needful, at least where the amount of value in demand
is limited that there should be any thing but truth, where the or that any
material part of the truth should be with holden, where the plaintiff happens to be in the right; a state of things which,
through causes foreign to the present purpose, may be expected to be
verified in perhaps nineteen instances out of twenty instances. Again:
though the information furnished by the plaintiff should be at once
incompleat and false deception on the part of the Judge is by no
means the certain or the constant consequence. It may be that of what is false, he
deserves the falsity: and from what is furnished though incompleat, his good understanding, in the way of
deference, supples the rest.
But,

Identifier: | JB/058/343/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-08	Marginal Summary Numbering	9
Box	058	Main Headings	evidence
Folio number	343	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / c1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19012
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