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<p><!-- indent -->The <del>measures here</del> expedients here | <p><!-- indent -->The <del>measures here</del> expedients here contrived | ||
<lb/> | <lb/> | ||
for obviating partiality will I believe | for obviating partiality will I believe | ||
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but better adapted <add>more adequate</add> to the end than | but better adapted <add>more adequate</add> to the end than | ||
<lb/> | <lb/> | ||
any as yet established . | any as yet established. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent -->The common systems on this head are | <p><!-- indent -->The common systems on this head are | ||
<lb/> | <lb/> | ||
imperfect on two <add>three <add>on three several ways:</add></add> accounts : 1. the omitting | imperfect on two <add>three <add>on three several ways:</add></add> accounts: 1. the omitting | ||
<lb/> | <lb/> | ||
to embrace all the causes of partiality : 2 . the | to embrace all the causes of partiality: 2. the | ||
<lb/> | <lb/> | ||
throwing the burthen of proof upon <del>a party</del> | throwing the <sic>burthen</sic> of proof upon <del>a party</del> | ||
<lb/> | <lb/> | ||
persons very likely not to be possessed if the means : | persons very likely not to be possessed if the means: | ||
<lb/> | <lb/> | ||
3 . the giving rise to occasional delays or failures | 3. the giving rise to occasional delays or failures | ||
<lb/> | <lb/> | ||
of justice by taking the <gap/> out of | of justice by taking the <gap/> out of | ||
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the hands of a Judge upon the mere ground | the hands of a Judge upon the mere ground | ||
<lb/> | <lb/> | ||
of an apparent cause of partiality , where | of an apparent cause of partiality, where | ||
<lb/> | <lb/> | ||
the real affection from whence alone proceeds | the real affection from whence alone proceeds | ||
<lb/> | <lb/> | ||
the danger has no place . | the danger has no place. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent -->It is with the | <p><!-- indent -->It is with the incapacitation of Judges as | ||
<lb/> | <lb/> | ||
with that of witnesses : out of twenty causes <add>sources</add> | with that of witnesses: out of twenty causes <add>sources</add> | ||
<lb/> | <lb/> | ||
of partiality the law takes only one or two of | of partiality the law takes only one or two of | ||
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the Judge exposed to the temptation <add>influence</add> of all the | the Judge exposed to the temptation <add>influence</add> of all the | ||
<lb/> | <lb/> | ||
rest without any preservative . But it is <add>only from</add> secret partiality flowing from a <gap/> cause source</add> | rest without any preservative. But it is <add>only from</add> secret<lb/> <add>partiality flowing from a <gap/> cause source</add> partiality <del>and</del> alone that probity has in <add>reality</add> | ||
partiality <del>and</del> alone that probity has in <add>reality</add> | |||
<lb/></p> | <lb/></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
The measures here expedients here contrived
for obviating partiality will I believe
be found not only freer from collateral inconvenience
but better adapted more adequate to the end than
any as yet established.
The common systems on this head are
imperfect on two three <add>on three several ways:</add> accounts: 1. the omitting
to embrace all the causes of partiality: 2. the
throwing the burthen of proof upon a party
persons very likely not to be possessed if the means:
3. the giving rise to occasional delays or failures
of justice by taking the out of
the hands of a Judge upon the mere ground
of an apparent cause of partiality, where
the real affection from whence alone proceeds
the danger has no place.
It is with the incapacitation of Judges as
with that of witnesses: out of twenty causes sources
of partiality the law takes only one or two of
the grossest and most palpable , having all the
the Judge exposed to the temptation influence of all the
rest without any preservative. But it is only from secret
partiality flowing from a cause source partiality and alone that probity has in reality
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Identifier: | JB/051/256/001"JB/" can not be assigned to a declared number type with value 51. |
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not numbered |
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051 |
evidence; procedure code |
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256 |
obs. |
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001 |
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text sheet |
4 |
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recto |
f7 / f8 / f9 / f10 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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16421 |
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