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23 July 1810 25
Fallacies
Note
Ch. Cause & Obstacle
§. Universities. Virtue
§. 1. Virtue. Universities
Affidavit evidence
6. Of the unfitness
of evidence in this shape
to the purpose of truth
and Justice, full
consciousness is continually
declared by all
lawyers, including all
Judges.
No man can be more fully sensible of any
truth, nor on every occasion on which he derives
an advantage or apprehends no detriment to himself
from the declaration of it, more ready to declare
it, than [+]
those in the whole
fraternity of lawyers
and in particular
the Judges, are to
the unconduciveness unfitness of this mode of receiving
and testimony in comparison with that natural and originally natural only mode which has
place in Jury trial as above.
7. Shapes in which
this profit is reaped
1. Ease: viz. by
saving of the time and
attention that would
be demanded viva
voce examination or
cross-examination
instead of observation for obsequious
friends and associates
testimony of frequently
ignorant and
witnesses
III. The advantages they derive from the substitution
of this unfit mode to a fit one are as follows
1. They save themselves from that disturbance
which would be given to their ease by the stretch of
attention [that would be] necessary to the listening to and
taking a part in the viva voce examination and
cross examination of witnesses. Instead of receiving and
helping to extract it the whole of the evidence itself in the most trustworthy shape
their time is more agreeably occupied in hearing
observations made upon this or that part of it by and
according to the convenience and of their friends and
associates at the Bar.
8.2. Money: viz.
by fees, received on affidavit
only, to their own part
either directly or indirectly
through the hands
of nominees.
9.3. Ease to their
confederate the man
of finance by
confined to evidence
in this
2. From evidence received in this untrustworthy shape
they reap receive either by their own hands or by the hands
of those subordinates whose offices are sold or given by them or
given by them for their benefit profit to themselves in
the shape of fees, and advantage in the shape of ease
advantage to their confederate the man of finance, to on
whom they depend for support to abuse in this and
the several other shapes in which they derive a profit from
it.
Identifier: | JB/104/202/001 "JB/" can not be assigned to a declared number type with value 104.
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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34173 |
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