JB/058/409/001

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31 Jany 1805
Evidence

as well as law, all of a sudden he found himself
prosecuted, and in due time punished. Punished? – and
for what? for having broken this is that rule jurisprudential
rule of procedure this or that one of the number
of that inexhaustible stock of laws that never had been
made. What was to be done? Prudence put an
absolute veto upon the attempt to serve the public in such terms: under the
yoke of a tyranny, which from by being itself exempt not only
from punishment but from reproach of every kind was but so much
the more intolerable. What was to be done? Either since security
was to be given against misdecision of this kind, or every
man who was not competent to this necessary branch of public service
would shrink from it, and thus society would fall to pieces.
The true remedy it is but repetition to say would have
been to draw up a system of summary procedure, and that a rational
one which is as much as to say such would have been
run counter in throughout in opposition to every point, and cast shame upon the
regular technical mode. For this as for all other tasks, a union
of ability and willingness would have been necessary. Of
willingness howsoever it might have been in respect of ability,
not a particle was to be found any where among men of law
of ability, not to speak of willingness adequate to such a labour including ⊞ for this is among the cases in which adequate ability can scarce exist without willingness
that of combating the inevitable opposition of men of law no sufficient stock was to be found elsewhere. On this occasion
as on so many others, the resource was – to cut
the knot instead of untying it. A blank form of conviction
was to be drawn up such came to be the custom on for the use of
the non-professional Judge, and that form they filled up
and signed, the judgment, unless in case of corruption or other criminal
misconduct, was to be unassailable.

Identifier: | JB/058/409/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-01-31	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	409	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e3
Penner	jeremy bentham	Watermarks	cw 1799
Marginals		Paper Producer	c. abbit lees
Corrections		Paper Produced in Year	1799
Notes public		ID Number	19078
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