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<p><!-- pencil -->5 April 1806<lb/> | |||
<head>Evidence</head></p> | |||
<p>But the Advocate <add>as such</add> has scarce any intercourse with mankind.<lb/> | |||
The Equity Draughtsman and Special Pleader, none whatsoever. The<lb/> | |||
<gap/> <gap/> none but what he has with men in the character of<lb/> | |||
Witnesses, when he comes to interrogate or counter interrogate them<lb/> | |||
in open Court.</p> | |||
<p>The Special Pleader has no more intercourse with the<lb/> | |||
suitors <add>as such</add> than he has with good or evil spirits <add>Angels or Devils</add> unembodied, the<lb/> | |||
subservience is with the folly and nonsense and lies <add>and <gap/></add> of which his<lb/> | |||
books and papers are composed.</p> | |||
<p>The <del>Special</del> Equity Draughtsman might as well have<lb/> | |||
no intercourse at all with mankind as the sort of intercourse<lb/> | |||
he has. In the character of witnesses or parties all he<lb/> | |||
sees of them is through the evidence of Answers and Depositions.<lb/> | |||
But seeing <del>them</del> <add>testimony</add> through the medium of Answers and Depositions<lb/> | |||
is seeing "through a glass <gap/>": and that sort of glass<lb/> | |||
through which <add>on the occasion of an <unclear>eclipse</unclear></add> the sun is seen; a <unclear>smashed</unclear> glass: <del>he sees<lb/> | |||
as</del> no witness no defendant does he ever see but in the<lb/> | |||
<unclear>mock</unclear> and <unclear>wrap</unclear>-rascal uniform in which he is swaddled<lb/> | |||
up by an Attorney, or an Examining Clerk.</p> | |||
<p><del>Not</del> As to the Attorney it never happens to him to refine into a Judge.<lb/> | |||
Not that he, even though in the fullest practice would necessary possess<lb/> | |||
that sort of knowledge of mankind which is necessary to the present<lb/> | |||
purpose. Experience alone is not sufficient: it must be experience<lb/> | |||
directed by observation <add>reflection</add>, and by <del><gap/></del> reflection pointed at a particular<lb/> | |||
object, taking a particular direction. On this <del>subject</del> part too as<lb/> | |||
on every other part of the subject his opinion <add>notions</add> and views will be governed by<lb/> | |||
authority, by the authority of his superiors: and what they are governed by<lb/> | |||
have been seen already.</p> | |||
<p>A <unclear>laborer</unclear> who <add>now</add> sees a tree but one day <add>on a Sunday</add> in <gap/>, will if he happens<lb/> | |||
to <del>be fond of b</del> take botany for his amusement, know more of plants than the farmer<lb/> | |||
who has been treading upon them for half a century.<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> Seeing no more of men <add>individuals</add><lb/> | |||
than he can not help seeing,<lb/> | |||
a man who devotes his<lb/> | |||
life to the study of men may<lb/> | |||
<del>well</del> know <add>have learnt</add> more of men than<lb/> | |||
another whose whole life has<lb/> | |||
passed in crowds.</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
5 April 1806
Evidence
But the Advocate as such has scarce any intercourse with mankind.
The Equity Draughtsman and Special Pleader, none whatsoever. The
none but what he has with men in the character of
Witnesses, when he comes to interrogate or counter interrogate them
in open Court.
The Special Pleader has no more intercourse with the
suitors as such than he has with good or evil spirits Angels or Devils unembodied, the
subservience is with the folly and nonsense and lies and of which his
books and papers are composed.
The Special Equity Draughtsman might as well have
no intercourse at all with mankind as the sort of intercourse
he has. In the character of witnesses or parties all he
sees of them is through the evidence of Answers and Depositions.
But seeing them testimony through the medium of Answers and Depositions
is seeing "through a glass ": and that sort of glass
through which on the occasion of an eclipse the sun is seen; a smashed glass: he sees
as no witness no defendant does he ever see but in the
mock and wrap-rascal uniform in which he is swaddled
up by an Attorney, or an Examining Clerk.
Not As to the Attorney it never happens to him to refine into a Judge.
Not that he, even though in the fullest practice would necessary possess
that sort of knowledge of mankind which is necessary to the present
purpose. Experience alone is not sufficient: it must be experience
directed by observation reflection, and by reflection pointed at a particular
object, taking a particular direction. On this subject part too as
on every other part of the subject his opinion notions and views will be governed by
authority, by the authority of his superiors: and what they are governed by
have been seen already.
A laborer who now sees a tree but one day on a Sunday in , will if he happens
to be fond of b take botany for his amusement, know more of plants than the farmer
who has been treading upon them for half a century.⊞ ⊞ Seeing no more of men individuals
than he can not help seeing,
a man who devotes his
life to the study of men may
well know have learnt more of men than
another whose whole life has
passed in crowds.
Identifier: | JB/047/086/001"JB/" can not be assigned to a declared number type with value 47. |
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1806-04-05 |
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047 |
evidence |
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086 |
evidence |
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001 |
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text sheet |
1 |
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recto |
d2 / e2 |
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jeremy bentham |
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14954 |
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