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JB/058/390/001

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15 June 1805
Evidence

§. 9 Further limitations – not extended to first the higher criminal causes.
Exceptions to the introduction of the technical system –
causes in penali

The man of law is moreover a man. If in the first mentioned character
he has his interests is are in hostility with the interest of the community,
in the other it is in leagues with it they present interest is are included in that public interest it.

If In his professional character his interest is that all offences
on the occasion of by which, whether in the way of prosecution or defence there is any
thing to is be got should be abundant abound as much as possible. In his human character
it is his interest that they should be as rare as possible, and
therefore, that in order that they may be rendered so, that they should be punished. Where
In regard to offences from which profit may by due management be
extracted there is a sort of conflict between the two antagonizing interests:
and the chance which the professional has of protracting will be
in the instance of each species of offence and each individual article of that species be in a
in the ratio of sort of compound ratio, composed of the direct ratio
of the quantum of money to be g professional or official profit extractible from the prosecution and
of the offence, and of the inverse ratio of the mischievousness of it.
This conflict of interest has in every country, ended in a sort of compromise
by the terms of which the guiding features of the technical system have relaxed
and in a or less degree afforded admission or rather left liberty jurisdiction open
of action to the natural one system:

If there be any class of offences from whence at the same
time that the danger to the man is particularly great, the chance
of profit to the lawyer is particularly small, on the occasion
of the mode of procedure in relation to those offences, he will naturally
be disposed to relax more or less the vigour of be less rigid in his adherence to the technical
system, less anxious to screw strenuous in the pursuit of the grand object of screwing up the degree of delay to its maximum;
insomuch that if te case were were it clear that from this class
of offences no profit at all were ever to be extracted, the idea of making
artificial delay would might in these cases come to be abandoned by him altogether,
and in a word the more anxious he were to give safety to the man and
the less hopeful of being able to give profit to the lawyer, the more ready better satisfied he would be for the sake of
his security to afford or have
admission to those principles of
the natural system by
which all factitious delays as
well as expences are of course excluded.


Identifier: | JB/058/390/001
"JB/" can not be assigned to a declared number type with value 58.

Date_1

1805-06-15

Marginal Summary Numbering

1-3

Box

058

Main Headings

evidence

Folio number

390

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e1

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

19059

Box Contents

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