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1 March 1808
2. Maintaining uncertainty on the part of the rule
of action – arbitrary power on the part and for the benefit
of the Judge.
The system of exclusi Coupled with the opposite
rules of exception, the system of exclusionary rules forms
one of those engines already spoken of under the name of
double fountains from which aqua forks and liquid
arsenic play into the run in an uninterrupted stream
into the vitals of the community. Two sets of rules being
established with like authority, two sets of rules operating
in compleat repugnance to another, the Judge has his
choice between them – no Judge ever has been or ever
can be at a loss between them to exclude the evidence
or give admission to it, as he thinks fit best suits his purpose,
and in so far as the cause depends upon that evidence,
to give success to plaintiff or to defendant.
The Turkish Judge is arbitrary in one way, the English a
Judge is arbitrary in another way. But the in the practice of iniquity and
oppression the Turkish Judge sits continually exposed to the or the bowstring.
3. As to the depravation of the morals and understanding
of the people, as under the fee-gathering system it
has been throughout the constant aim, so here as elsewhere it has been the constant effect of every regulation
and every part of practice.
The hope of exempting themselves from the obligations of
justice or enriching advantaging themselves by in some way or other by
profitable wrong, as in so many other ways means, by means
of some quart in relation to evidence, is among the
bounties by which in the character of malâ fide litigants
men are enlisted in the service of iniquity under
the command and for the profit of the Judge law-partnership and the rest of the
staff.
Identifier: | JB/091/306/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-03-01 |
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091 |
scotch reform |
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306 |
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001 |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham |
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29302 |
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