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''This Page Has Not Been Transcribed Yet''
<head><!-- in pencil -->1</head>
 
<head><!-- in pencil -->Obs. Tit.</head>
 
<p><note><!-- in pencil -->Secret</note> The grand use of publicity in judicial proceedings<lb/>
is to serve as a check to the abuse of power on<lb/>
the part of the ministers of justice. So far it<lb/>
does nothing but good. But in throwing light<lb/>
upon the conduct of <add>those officers</add> the ministers of justice, it<lb/>
exposes to view at the same time the conduct of<lb/>
the parties: it exposes to the censure of public<lb/>
opinion any thing there may be amiss in that<lb/>
conduct. In so doing it subjects them to a punishment<lb/>
which in some cases may be too severe, in<lb/>
others even altogether unmerited, as <del>I shall pre</del><lb/>
will be seen presently. <add>As to this part of its effects then</add> Thus far then publicity<lb/>
does mischief. The business <add>desideratum</add> then is to <del>sep</del> avoid,<lb/>
if possible, doing any of the mischief, leaving at<lb/>
the same time the good effects of the principle in<lb/>
their full force. Such is the object of the provisions<lb/>
contained under the present title</p>


<p>I shall first <sic>shew</sic> that by the exceptions<lb/>
here made to the general rule of publicity, the<lb/>
good that results from it is in no degree lessened:<lb/>
the grand object is in no degree sacrificed. If this<lb/>
be made out to satisfaction, a slight degree of mischief<lb/>
saved will afford a sufficient plea in<lb/>
justification of the exceptions.</p>




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Latest revision as of 09:55, 4 February 2020

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1

Obs. Tit.

Secret The grand use of publicity in judicial proceedings
is to serve as a check to the abuse of power on
the part of the ministers of justice. So far it
does nothing but good. But in throwing light
upon the conduct of those officers the ministers of justice, it
exposes to view at the same time the conduct of
the parties: it exposes to the censure of public
opinion any thing there may be amiss in that
conduct. In so doing it subjects them to a punishment
which in some cases may be too severe, in
others even altogether unmerited, as I shall pre
will be seen presently. As to this part of its effects then Thus far then publicity
does mischief. The business desideratum then is to sep avoid,
if possible, doing any of the mischief, leaving at
the same time the good effects of the principle in
their full force. Such is the object of the provisions
contained under the present title

I shall first shew that by the exceptions
here made to the general rule of publicity, the
good that results from it is in no degree lessened:
the grand object is in no degree sacrificed. If this
be made out to satisfaction, a slight degree of mischief
saved will afford a sufficient plea in
justification of the exceptions.



Identifier: | JB/051/293/001"JB/" can not be assigned to a declared number type with value 51.

Date_1

Marginal Summary Numbering

Box

051

Main Headings

evidence; procedure code

Folio number

293

Info in main headings field

obs.

Image

001

Titles

Category

text sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

f1 / f2

Penner

jeremy bentham

Watermarks

[[watermarks::[britannia with shield emblem]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

16458

Box Contents

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