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C
Forfeiture of Reputation.
are precluded from that benefit.
Is this designed as
a punishment,
or only as a means
of keeping out
false evidence
24.
I know not of any instance in which it is absolutely
clear that a man has been made to incur this
singular kind of forfeiture in the express view of punishment.
In all the cases in which it has been adopted
it is not impossible but that the restraint which
it imports may have been imposed in no other view
than that of improving the rules of evidence, and guiding
the Judge against error in his [researches after litigated truth] decisions, upon the questions of fact [that may be brought before him.]
Be this as it may it is certain that in the English
Law it is stands annexed in many instances to offences
which have not the remotest connection with the veracity or mendacity
of the offender. (a)
Note
(a) For instance (to) High Treason, or the adherance to the unsuccessful
side in a competition for the Crown; to Homocide committed
in the way of revenge, or a sudden quarrel, or in the course of a duel, by
consent.
Identifier: | JB/141/110/002 "JB/" can not be assigned to a declared number type with value 141.
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20-21, 24 |
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141 |
rationale of punishment |
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110 |
forfeiture of reputation |
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002 |
note |
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copy/fair copy sheet |
2 |
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recto |
f21 / f22 |
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myears |
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caroline fox |
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48327 |
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