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1819 Aug. 26
Fallacies
Ch. Logical High Fliers
§. They can do no wrong
5
One mischief is interwoven in the nature of all
these productions of lawyer-craft mendacity and usurpation which have been consecrated
under the name of fictions. No currency which can
be given to the expression or proposition in its ad and improper sense can altogether
prevent its being employed or understood in its
original sense. Which by one person set of persons it is understood
in the one sense by another set of persons it is understood
in another the other. When What is more by the same one person it has been employed
in the one sense, by one and the same person
it has often been under employed and thus pretended to
be understood in the other. That a fiction Probably not a
fiction has ever been broached, which in the hands of the
men in by whom, or of the tribe in which it has been broached has not
been an instrument of arbitrary power power, of oppression
and depredation. At all times, under the cloak of restraint,
the power of English Judges has been arbitrary:
restrained only their power r by nothing but by the necessity of a plaintiff for the the production
of the necessary an its . [Better for had it been
for justice if like that of a Turkish lady it had been
arbitrary without disguise. By In the first instance No fiction ever has been or
ever could nave been employed for any other than a dishonest
or any at the best an illegal purpose: suppose the purpose legal
in no shape could wilful falshood be necessary to
afford a warrant for it.] The By the use thus made
of falshood this counterfeit currency crime was added to crime: corruption was
infused into the morals of the lawyers c those who c lawyers in [+]
[+] of this
counterfeit currency
and into the
understandings of those men upon whom it was made
to pass.
to pass. By every legal fiction which has received currency, an instrument
has accordingly been produced an a sort of instrument of a sort the nature of
which has been expressed by, and described under
the
name of a Double F.
See Scotch Reform
Lett. I.
Identifier: | JB/104/309/002 "JB/" can not be assigned to a declared number type with value 104.
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jeremy bentham |
[[watermarks::i&m [with prince of wales feathers above] 1818]] |
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arthur wellesley, duke of wellington |
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1818 |
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