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<head>1829 May 4<lb/>Petitions</head> <!-- in pencil --> <p>++ 13<lb/>(3) (13</p> <p><note>Supplement<lb/> | <head>1829 May 4<lb/>Petitions</head> <!-- in pencil --> <p>++ 13<lb/>(3) (13</p> <p><note>Supplement<lb/> | ||
§.2. Elucidations<lb/> | §.2. Elucidations<lb/>History and Ætiology.</note></p> <p><note>or 6<lb/>Sole case where,<lb/>to save expense and<lb/>delay, security against<lb/><sic>misdecision</sic> is lessened, —<lb/>epistolary evidence<lb/><sic>uncounterinterrogated</sic><lb/>and <sic>uncounterevidenced</sic><lb/>is admitted instead<lb/>of oral.</note></p> <p>Between security for truth on the one part, and <del>of</del><lb/> | ||
History and Ætiology.</note></p> <p><note>or 6<lb/>Sole case where,<lb/>to save | promptitude and cheapness on the other part, the only case, of<lb/>antagonization, and consequent option to be made, is this.</p> <p><del>On the one hand <gap/></del> At the moment of time in question, the<lb/><del><gap/></del> <add><del><gap/></del> pursuit of the</add> individual in question is at a certain distance<lb/>from the seat of judicial operation; <add>in this case,</add> the greater this distance,<lb/>the greater the delay and the greater the expense of any necessary<lb/>to the doing what requires to be done. On the other hand<lb/>the more simple in its nature the matter of fact requiring<lb/>to be stated <del>the more simple</del> — that is to say the less <del>exposed<lb/>to be</del> <add>the danger of its being</add> misrepresented either by design or unconscious error<lb/><del>misrepresented</del> materially misrepresented, and thence <del>the</del><lb/>the less the danger of deception <del>from in case of those statements<lb/>being rendered</del> <add>event of its being taken <del><gap/></del> for</add> conclusive — provisionally conclusive — <del>conclusive</del><lb/>without being exposed to counterinterrogation or counter<lb/>evidence.</p> <p><note>or 8<lb/>But it should be<lb/>left allowable at discretion<lb/>Reason, quantities variable</note></p> <p><del>In some cases <gap/> <gap/> it may perhaps be case</del> <add>As to these two securities, in some instances the cases in</add><lb/><del>in which there <gap/> <gap/> <gap/> may be <gap/><lb/>would be <gap/></del> <add>which they may be dispensed with,</add> may with advantage be settled by<lb/>permanent and universally applying regulations. <hi rend="superscript">[+]</hi> <note><hi rend="superscript">[+]</hi> <add>or</add> (for example)<lb/>My name is so and<lb/>"so. I was born on such<lb/>"or such a day. I delivered<lb/>"into the hand<lb/>"of such or such a person<lb/>"such or such a paper<lb/>"at <del>the</del> such or such<lb/>"an hour in such or<lb/>"such a house."</note> But to a<lb/><del>general</del> <add>great extent,</add> to the <add>discretion of the</add> Judge must the determination be committed.<lb/>Why? for the plain reason: <del><gap/></del> that, on both sides the<lb/>quantities in question are commonly every varying quantities,<lb/><add>they are —</add> on the one hand the degree of complexity, on the part of the subject<lb/>matter of the statement: on the other hand, the distance of the<lb/>individual <hi rend="underline">evidence-holder</hi> <del>in question</del> from the judicatory; <del>in <add>to wit</add><lb/>this</del> <add>the distance — that is to say in</add> respect of the conjunct circumstances of length of way,<lb/>and length of time necessary for <del>passing over</del> <add>traversing</add> it.</p> <p><note>or 9<lb/>Indispensable condition,<lb/>eventual<lb/>subjection to oral<lb/>examination.</note></p> <p>In no case however should the <hi rend="underline">evidence-holder</hi> pit<lb/>himself <del>secure</del> <add>and his evidence</add> absolutely secure against all future scrutiny;<lb/>little less than <add>that of</add> a <hi rend="underline">mandating licence</hi> would be the effect of any<lb/>such feeling: how in the here proposed System the provision for<lb/>eventually <del>w</del> subsequent word-of-mouth examination after response<lb/>or <del><gap/></del> spontaneous asseveration made in the epistolary<lb/>mode.</p> | ||
promptitude and cheapness on the other part, the only case, of<lb/>antagonization, and consequent option to be made, is this.</p> <p><del>On the one hand <gap/></del> At the moment of time in question, the<lb/><del><gap/></del> <add><del><gap/></del> pursuit of the</add> individual in question is at a certain distance<lb/>from the seat of judicial operation; <add>in this case,</add> the greater this distance,<lb/>the greater the delay and the greater the expense of any necessary<lb/>to the doing what requires to be done. On the other hand<lb/>the more simple in its nature the matter of fact requiring<lb/>to be stated <del>the more simple</del> — that is to say the less <del> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1829 May 4
Petitions
++ 13
(3) (13
Supplement
§.2. Elucidations
History and Ætiology.
or 6
Sole case where,
to save expense and
delay, security against
misdecision is lessened, —
epistolary evidence
uncounterinterrogated
and uncounterevidenced
is admitted instead
of oral.
Between security for truth on the one part, and of
promptitude and cheapness on the other part, the only case, of
antagonization, and consequent option to be made, is this.
On the one hand At the moment of time in question, the
pursuit of the individual in question is at a certain distance
from the seat of judicial operation; in this case, the greater this distance,
the greater the delay and the greater the expense of any necessary
to the doing what requires to be done. On the other hand
the more simple in its nature the matter of fact requiring
to be stated the more simple — that is to say the less exposed
to be the danger of its being misrepresented either by design or unconscious error
misrepresented materially misrepresented, and thence the
the less the danger of deception from in case of those statements
being rendered event of its being taken for conclusive — provisionally conclusive — conclusive
without being exposed to counterinterrogation or counter
evidence.
or 8
But it should be
left allowable at discretion
Reason, quantities variable
In some cases it may perhaps be case As to these two securities, in some instances the cases in
in which there may be
would be which they may be dispensed with, may with advantage be settled by
permanent and universally applying regulations. [+] [+] or (for example)
My name is so and
"so. I was born on such
"or such a day. I delivered
"into the hand
"of such or such a person
"such or such a paper
"at the such or such
"an hour in such or
"such a house." But to a
general great extent, to the discretion of the Judge must the determination be committed.
Why? for the plain reason: that, on both sides the
quantities in question are commonly every varying quantities,
they are — on the one hand the degree of complexity, on the part of the subject
matter of the statement: on the other hand, the distance of the
individual evidence-holder in question from the judicatory; in to wit
this the distance — that is to say in respect of the conjunct circumstances of length of way,
and length of time necessary for passing over traversing it.
or 9
Indispensable condition,
eventual
subjection to oral
examination.
In no case however should the evidence-holder pit
himself secure and his evidence absolutely secure against all future scrutiny;
little less than that of a mandating licence would be the effect of any
such feeling: how in the here proposed System the provision for
eventually w subsequent word-of-mouth examination after response
or spontaneous asseveration made in the epistolary
mode.
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Identifier: | JB/081/389/001"JB/" can not be assigned to a declared number type with value 81. |
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1829-05-04 |
or 6 - or 9 |
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081 |
petition for justice |
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389 |
petitions |
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001 |
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text sheet |
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c3 / d13 / e13 |
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jeremy bentham |
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26176 |
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