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<p><!-- pencil -->7 Dec<hi rend="superscript">r</hi> 1811<lb/> | |||
<!-- pencil --><head>Evidence</head></p> | |||
<p>But, on either side of the cause, by <del>depriving</del> <add>stripping the</add><lb/> | |||
party <del>But</del> of the <hi rend="underline">power</hi>, or even of the <hi rend="underline">will</hi>, to maintain his<lb/> | |||
right, the same instrument, through the medium of the collateral<lb/> | |||
ends of justice, is continually felt striking, and with fatal<lb/> | |||
effect, against the direct ends.<hi rend="superscript">⊞1</hi> <note><hi rend="superscript">⊞1</hi> <add>Printer</add> In the bottom of the page.</note><lb/> | |||
<hi rend="superscript">⊞1</hi> Of writing is composed – if not the whole, a part at least,<lb/> | |||
of the ticket, which every man <del><gap/></del> has to purchase, who<lb/> | |||
puts in, or is forced in, to the lottery of the law. On<lb/> | |||
either side, he to whom the purchase <hi rend="underline">is</hi> physically –<lb/> | |||
<hi rend="underline">is</hi> or is <hi rend="underline">thought to be</hi> prudentially-impracticable, loses<lb/> | |||
his right, and <del>misdecision is</del> the loss has <hi rend="underline">misdecision</hi><lb/> | |||
for <del>a</del> its immediate cause.</p> | |||
<p>In the following instances the evil is that which <del><add>appears to</add> strike<lb/> | |||
against</del> <add>stands immediately correspondent and opposite to</add> the <hi rend="underline">direct</hi> ends of justice.</p> | |||
<p>1. It will be seen, how, by <del>withdrawing</del> <add>keeping</add> the deponent<lb/> | |||
out of the reach of those means of elucidation – <unclear>principal</unclear><lb/> | |||
and immediate <del><gap/></del> elucidation – which <del>have place</del> <add>apply to</add><lb/> | |||
the case of <hi rend="underline">orally-delivered</hi> testimony, <hi rend="underline">writing</hi> is capable<lb/> | |||
of being made an instrument of <hi rend="underline">indistinctness</hi> in<lb/> | |||
testimony, producing that <del>undesirable</del> <add>frequently <del>pernicious</del> deceptitious</add> effect to any amount.</p> | |||
<p>2. By the time which the use of it necessarily demands<lb/> | |||
it affords room for mendacity-serving <add><del><gap/></del></add> invention to do<lb/> | |||
its work.</p> | |||
<p><del>3. By the same means</del> <add>3. Keeping the deponent out of the reach of all mendacity-restraining eyes</add> it affords room and opportunity<lb/> | |||
for the receipt of mendacity-serving<lb/> | |||
suggestions from all quarters.</p> | |||
<p><del>On the</del> <add>True it is that in</add> some degree these will, <add>it is true,</add> receive a compensation<lb/> | |||
from the <del>opportunity of</del> <add>room which, at the same time, is left</add> for reflection, <del>left<lb/> | |||
to those to whom</del> <add>other persons, who, lest, <del>if <gap/>, the more</del></add> the mendacity if credited, should be<lb/> | |||
<del>successful,</del> productive of its <del>object</del> <add>intended</add> fruit, viz. <hi rend="underline">misdecision</hi>,<lb/> | |||
<del><gap/> <gap/></del> stand engaged, by interest or by duty,<lb/> | |||
<del><gap/> their endeavours to <gap/> expose it <gap/> that the</del> <add>to apply their exertions to the <del>detection</del> exposure of it.</add></p> | |||
<p>But <add>of</add> the compensation it will be seen, <add>that it</add> is scarcely<lb/> | |||
adequate, and, <add>be that as it may,</add> that it may be had without the<lb/> | |||
inconvenience.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
7 Decr 1811
Evidence
But, on either side of the cause, by depriving stripping the
party But of the power, or even of the will, to maintain his
right, the same instrument, through the medium of the collateral
ends of justice, is continually felt striking, and with fatal
effect, against the direct ends.⊞1 ⊞1 Printer In the bottom of the page.
⊞1 Of writing is composed – if not the whole, a part at least,
of the ticket, which every man has to purchase, who
puts in, or is forced in, to the lottery of the law. On
either side, he to whom the purchase is physically –
is or is thought to be prudentially-impracticable, loses
his right, and misdecision is the loss has misdecision
for a its immediate cause.
In the following instances the evil is that which appears to strike
against stands immediately correspondent and opposite to the direct ends of justice.
1. It will be seen, how, by withdrawing keeping the deponent
out of the reach of those means of elucidation – principal
and immediate elucidation – which have place apply to
the case of orally-delivered testimony, writing is capable
of being made an instrument of indistinctness in
testimony, producing that undesirable frequently pernicious deceptitious effect to any amount.
2. By the time which the use of it necessarily demands
it affords room for mendacity-serving invention to do
its work.
3. By the same means 3. Keeping the deponent out of the reach of all mendacity-restraining eyes it affords room and opportunity
for the receipt of mendacity-serving
suggestions from all quarters.
On the True it is that in some degree these will, it is true, receive a compensation
from the opportunity of room which, at the same time, is left for reflection, left
to those to whom other persons, who, lest, if , the more the mendacity if credited, should be
successful, productive of its object intended fruit, viz. misdecision,
stand engaged, by interest or by duty,
their endeavours to expose it that the to apply their exertions to the detection exposure of it.
But of the compensation it will be seen, that it is scarcely
adequate, and, be that as it may, that it may be had without the
inconvenience.
Identifier: | JB/047/310/001"JB/" can not be assigned to a declared number type with value 47. |
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1811-12-07 |
6-7 |
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047 |
rationale of judicial evidence |
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310 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d23 / e3 / f96 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15178 |
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