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<head>1827 <sic>Oct.</sic> 12<lb/> | |||
Procedure Code</head> <!-- numbers in pencil --> | |||
<p>7<lb/> | |||
<note>Preparatory Resolutions</note><lb/> | |||
(7 <note> § No Oath</note></p> | |||
<!-- numbered marginal notes has an O in pencil beside the number --> | |||
<p><note>21<lb/> | |||
If <add>judicial</add> falsehood were<lb/> | |||
punishable immediately<lb/> | |||
by the Judge before whom<lb/> | |||
it was committed the<lb/> | |||
efficiency of the check<lb/> | |||
would be maximised</note></p> | |||
<p>If instead <add>without</add> the delay vexation and <sic>expence</sic> attached to it<lb/> | |||
separate proactive testimonial <sic>falshood</sic> could by the Judge in whose<lb/> | |||
presence it had been committed <add>be</add> punished at <gap/> <add> once</add> as soon as the<lb/> | |||
the <unclear>first</unclear> result the <del>commission of <gap/></del> <add> fact of its being</add> committed had been established<lb/> | |||
the check thereby given to it would be such as to <del>place</del> <add>render</add> the use only<lb/> | |||
of the <gap/> in this respect to a height of which <add>beyond any of</add> no <gap/> place<lb/> | |||
can at present have been formed: coupled with this degree of impunity<lb/> | |||
the magnitude necessary to be given to the punishment as for <unclear>testimentary</unclear><lb/> | |||
<sic>falshood</sic> would be shaped indeed in <gap/> of that almost as present<lb/> | |||
<gap/> <gap/> to testimonial perjury is and then while future<lb/> | |||
testimony having the effect of perjury would be reduced comparatively<lb/> | |||
more, perjury itself would altogether cease.</p> | |||
<p><note>22<lb/> | |||
Where rights or obligations<lb/> | |||
depend on belief or permission<lb/> | |||
to exact an oath in some<lb/> | |||
cases is to grant a licence<lb/> | |||
for falsehood in all others</note></p> | |||
<p>In any <add> every</add> case in which whether on a judicial or any<lb/> | |||
other occasion <add>the state of</add> right or obligation depends <add>is made dependant</add> in belief or and prejudice<lb/> | |||
in relation to <add>a</add> maker of fast, <del>to he who</del> to exact an<lb/> | |||
oath in any one case being it <sic>unexacted</sic> in any other, is<lb/> | |||
to grant a licence to <del><gap/></del> wilful <sic>falshood</sic> in any case in which no<lb/> | |||
such exaction has taken place.</p> | |||
<p><note>23<lb/> | |||
This licence frequently<lb/> | |||
so granted by the<lb/> | |||
Gentoo Code — still more<lb/> | |||
<del>frequently</del> <add><unclear>extremely</unclear></add> by the English<lb/> | |||
law</note></p> | |||
<p> Various are the cases in which under the religion of<lb/> | |||
<gap/> of the Gentoo Code is to this respect correct wilful <sic>falshood</sic><lb/> | |||
is either required or licensed, that cases so extensive is the licence<lb/> | |||
in that case as that which at present <unclear>deeds</unclear> granted as when by<lb/> | |||
English law.</p> | |||
<p><note>24<lb/> | |||
If perjury necessary<lb/> | |||
for religion comes better<lb/> | |||
argument than<lb/> | |||
irreligion necessary<lb/> | |||
against judicial perjury</note></p> | |||
<p>If really so it be that it is <add>either</add> necessary or in any way<lb/> | |||
conducive to religion or the purpose of religion that perjuries should<lb/> | |||
in immense numbers continue to be committed in immense numbers <add> multitude</add> <lb/> | |||
and <sic>falshoods</sic> with all the mischievous temporal effects of perjuries as shall<lb/> | |||
more immense numbers, it surely rests upon <add>with</add> those it surely rests to<lb/> | |||
render this apparent with something like argument with some better argument<lb/> | |||
than that which is exhibited by casting the reproach of irreligion upon<lb/> | |||
those <del>whose endeavours</del> which <add> in <del><gap/></del> <gap/></add> for the advancement of justice are employed <add>measure</add><lb/> | |||
in the endeavour to free religion from this reproach.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827 Oct. 12
Procedure Code
7
Preparatory Resolutions
(7 § No Oath
21
If judicial falsehood were
punishable immediately
by the Judge before whom
it was committed the
efficiency of the check
would be maximised
If instead without the delay vexation and expence attached to it
separate proactive testimonial falshood could by the Judge in whose
presence it had been committed be punished at once as soon as the
the first result the commission of fact of its being committed had been established
the check thereby given to it would be such as to place render the use only
of the in this respect to a height of which beyond any of no place
can at present have been formed: coupled with this degree of impunity
the magnitude necessary to be given to the punishment as for testimentary
falshood would be shaped indeed in of that almost as present
to testimonial perjury is and then while future
testimony having the effect of perjury would be reduced comparatively
more, perjury itself would altogether cease.
22
Where rights or obligations
depend on belief or permission
to exact an oath in some
cases is to grant a licence
for falsehood in all others
In any every case in which whether on a judicial or any
other occasion the state of right or obligation depends is made dependant in belief or and prejudice
in relation to a maker of fast, to he who to exact an
oath in any one case being it unexacted in any other, is
to grant a licence to wilful falshood in any case in which no
such exaction has taken place.
23
This licence frequently
so granted by the
Gentoo Code — still more
frequently extremely by the English
law
Various are the cases in which under the religion of
of the Gentoo Code is to this respect correct wilful falshood
is either required or licensed, that cases so extensive is the licence
in that case as that which at present deeds granted as when by
English law.
24
If perjury necessary
for religion comes better
argument than
irreligion necessary
against judicial perjury
If really so it be that it is either necessary or in any way
conducive to religion or the purpose of religion that perjuries should
in immense numbers continue to be committed in immense numbers multitude
and falshoods with all the mischievous temporal effects of perjuries as shall
more immense numbers, it surely rests upon with those it surely rests to
render this apparent with something like argument with some better argument
than that which is exhibited by casting the reproach of irreligion upon
those whose endeavours which in for the advancement of justice are employed measure
in the endeavour to free religion from this reproach.
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Identifier: | JB/057/305/001"JB/" can not be assigned to a declared number type with value 57. |
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1827-10-12 |
21-24 |
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057 |
procedure code |
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305 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
d7 / e7 |
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jeremy bentham |
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18635 |
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