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Supplement
§ Elucidations
§2. §4, Parliamentary Practice
§2 §.4. Parliamentary Evidence-elicitation practice
1
Evidence Elicitation,
Aptitude of proposed
mode and inaptitude
of every other as Equity
for example equity mode
demonstrated by Parliamentary
authority
When performed by authority, and for any
purpose within the range of government, elicitation of
evidence, it has elsewhere been observed, is essentially
a judicial act: not the less so because the purpose for
which the result, when obtained, is destined is, in its
nature, still higher and more important that judicature
itself. Of the aptitude — the paramount aptitude
of the practi exact precise very mode of elicitation here proposed — af consequently
of the inaptitude comparatively speaking at least of every other mode that differs from it —
inaptitude in a degree exactly correspondence of the inaptitude
of every such other mode without exception —
but in a more especial manner for example, the existing
Equity mode, we have amongst other certificates
that of both houses of Parliament, and in particular
that of the House of Commons. Here then, in aid of
reason we have authority: authority, and that of the b very highest rank.
2
Still by Westminster Hall
Courts these inapt modes
continued — Reason the
sinister profit coming
from their employment
Still by By The Superior Westminster Hall Courts in general on
most occasions — by the Equity Westminster Hall Courts more
particularly — modes of elicitation so fragrantly inapt
are to so vast an extent continued to be employed. Why? Answer.
because out of this very inaptitude the comes that sinister profit comes
by which the particular and sinister interests of the individuals
by it their purposes are so served connected with the particular
and sinister interest of reaping on whose will the employment or
non employment of the inapt mode depends are so richly served by it
3
In Parliamentary proceedings
the most apt modes employed
Reason — the obtainment of
the information the role
object
By the two each one of the two portions of the
Meantime the mode of elicitation employed by the authority superior
to that of those same Judges employed by both sections of the
legislative body the mode of elicitation employed is
the is exactly the most apt that the nature of things admitts
of: Why? How so? whence comes a this so-well-directed
a choice? Answer From this: namely that in the
judicial body is not actually is — as every where it ought to be [+]
[+] a mere instrument
in the hands of the legislature:
and that in
a degree exactly proportioned to the aptitude of the instrument,
are the purposes, how good so ever, and how bad so ever, of its of those who employ it the purpose
of whatsoever complexion good or bad served. employer, whosoever they are, served by it. Object
of inclusion, in each case, the obtainment of such information as, with
most
most effect may enable
the operator, to accomplish
his purpose,
whatever it be
whatsoever it that purpose happens
to it to be.
Identifier: | JB/081/357/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-05-02 |
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081 |
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357 |
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jeremy bentham |
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