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11 Feby 1805
Evidence
That cases are not wanting, in which, for this variation diversity is
the mode of receiving and extracting evidence, that as for the sacrifice
substitution of the less trustworthy mode to the most trustworthy
mode, there exists a reason – but too good a reason – but
too cogent a necessity, has already been acknowledged. is not to be denied. In England
there, as well as in every other country, there exists a justifying
cause of diversity, in relation to the form mode of collecting receiving and extracting evidence of this species of procedure.
Be it so: but if from this position principle it were to be conferred supposed
that may the least shadow of a reason or pretence or excuse or apology for the
diversity by which in the that has been the English system is confounded and
deformed, the error would be great indeed. Physical
On the part of the most trustworthy mode, physical impracticability,
preponderant delay inconvenience in respect of delay vexation and
expence – these are the only causes which, in whatsoever country lies the scene of action can operate so as
to justify serve afford a sufficient cause for the sacrifice of the most trustworthy mode. But
in English procedure in the cases where the most trustworthy
mode is abandoned, physical impracticability has never
been in question: and in respect preponderant inconvenience
in point of delay, vexation and expence, this collateral mass of inconvenience,
so far from being diminished, will in every
instance be found to be augmented – in a word, enormous
and palpable degree augmented, by the sacrifice the shameless sacrifice. In respect
of expence at any rate so far from as the diminution of it may be said, with every appearance at least of trust
this inconvenience burthen oppression been among the objects of the departures
that, that aggravation of the mischief departure from departures, wide and numerous as they are from the folly
that lead to truth and justice have had for their final and but
too efficient cause not the diminution but the aggravation of this cruel inconvenience.
Identifier: | JB/058/415/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-02-11 |
2 |
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058 |
evidence |
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415 |
evidence |
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001 |
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text sheet |
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jeremy bentham |
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19084 |
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