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'' | <head>CERTAINTY EVIDENCE Confession</head> | ||
<p>It has been compared to putting to the Torture,<lb/> | |||
to which it has no more resemblance, than<lb/> | |||
the imaginations of men heated by party<lb/> | |||
contests, have been pleased to give it. <note>in these cases, any thing is good that will serve the turn; nor can it be expected that men should attend <sic>it's</sic> effect throughout the whole System of Jurisprudence If that maxim was expedient, it was not because that method for <add>of</add> the giving <del>of</del> efficacy to the Laws was bad, but because the Laws themselves were bad</note></p> | |||
<p><note>A miserable expedient, which does as little honour to the wisdom of those who have invented it, as to their humanity.</note> There are 2 objections to the use of Torture<lb/> | |||
1<hi rend='superscript'>st</hi> That it is not a better <add>surer</add> <add>likelier</add> method of finding <add>coming</add><lb/> | |||
out <add>at</add> truth than <sic>falshood</sic></p> | |||
<p><note>for All that it does, is to inflict such a present misery <add>that</add> the determination of his wise sense of which shall shall be strong as to avoid it preponderate <add>for a man</add> over the concern for one's <add>his</add> preservation from <add>those</add> the future misery: <del>this being effected</del> till that is done, nothing is done & when that is done, it is the tale <del>of</del> that is required of him, that must do the business: which whether it be true or false, makes no difference.</note> 2. That it inflicts on a man a punishment<lb/> | |||
over and above the punishment deemed<lb/> | |||
competent to the crime, & greater than that<lb/> | |||
punishment.</p> | |||
<p>In all this, what is there that bears any resemblance<lb/> | |||
to the using of such lights towards the discovery<lb/> | |||
of truth, as <add>may result from</add> the discourse or silence of the<lb/> | |||
accused when <sic>question'd</sic> at his <gap/> case under<lb/> | |||
the authority <add>control</add> of the impartial Judicature which is<lb/> | |||
to try him?</p> | |||
<p>[A Cause now <add>formerly</add> <del>pop</del> <sic>it's</sic> being popular: a reason <add><sic>tho'</sic> inadequate</add> formerly<lb/> | |||
for its being expedient.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
CERTAINTY EVIDENCE Confession
It has been compared to putting to the Torture,
to which it has no more resemblance, than
the imaginations of men heated by party
contests, have been pleased to give it. in these cases, any thing is good that will serve the turn; nor can it be expected that men should attend it's effect throughout the whole System of Jurisprudence If that maxim was expedient, it was not because that method for of the giving of efficacy to the Laws was bad, but because the Laws themselves were bad
A miserable expedient, which does as little honour to the wisdom of those who have invented it, as to their humanity. There are 2 objections to the use of Torture
1st That it is not a better surer likelier method of finding coming
out at truth than falshood
for All that it does, is to inflict such a present misery that the determination of his wise sense of which shall shall be strong as to avoid it preponderate for a man over the concern for one's his preservation from those the future misery: this being effected till that is done, nothing is done & when that is done, it is the tale of that is required of him, that must do the business: which whether it be true or false, makes no difference. 2. That it inflicts on a man a punishment
over and above the punishment deemed
competent to the crime, & greater than that
punishment.
In all this, what is there that bears any resemblance
to the using of such lights towards the discovery
of truth, as may result from the discourse or silence of the
accused when question'd at his case under
the authority control of the impartial Judicature which is
to try him?
[A Cause now formerly pop it's being popular: a reason tho' inadequate formerly
for its being expedient.
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Identifier: | JB/051/033/001"JB/" can not be assigned to a declared number type with value 51. |
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051 |
evidence; procedure code |
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033 |
certainty evidence confession |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[lion with vryheyt motif]]] |
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16198 |
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