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19 April 1805
Evidence
Thus then stands the matter with regard to the rule
Audi alteram partem.
On certain occasions To a certain purposes degree In certain respects, it is the interest
of the man of law, that it be observed: and to in those it has accordingly been observed accordingly/ To In others it is the interest
of the man of law that it should not be observed: and in this
it has been violated is violated constantly violated and without remorse
compleatly abrogated. To So far as it is his interest that it be observed, it is so on
a double account: were it not observed violated to all purposes, the people might not be
dissatisfied be quite to blind to the defects abuses of the system as they are. The
people might be more of less dissatisfied: and what is a great deal moreover what would be a much comes have worse
more serious mischief.
Suits would be ended almost as soon as begun, or rather there were
more than one half of the profit of extractible from every suit would be lost.
Observed? did I say? – But in what sense is it ever that it is observed
not never in a true sense, only never but in a fictitious one. Under the name
of party who is it that is heard? Not h Not the party himself
on either side: not the party himself, but his deputy, or
rather his deputy's deputy: not the party himself, but a deputy,
deputy whom he is, forced compelled to employ, on pain of not being
heard in any sense. And for whose sake then is he heard
ever – in this fictitious sense? for the sake of the deputy and the deputy's
deputy and their connections confederates, and not his: captives: for if it were for his own sake,
i would be in his own person, that he would be heard.
Identifier: | JB/058/344/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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