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<p><!-- pencil -->1 March 1808</p> | |||
<p><head>II. 5 No exemption from the obligation of furnishing evidence<lb/> | |||
except on special grounds</head></p> | |||
<p>In this as in the other cases these grounds to be<lb/> | |||
sufficient must <del>consist in</del> be resolvable into <del><gap/></del> <add>a</add> preponderant<lb/> | |||
mass of evil in the shape of delay vexation<lb/> | |||
and expence, preponderant over the evil consisting in<lb/> | |||
the danger of a certainty of misdecision attached to the<lb/> | |||
exclusion of the evidence.</p> | |||
<p>Innumerable and <del>the cases</del> in the aggregate to a<lb/> | |||
prodigious degree extensive are the cases in which under<lb/> | |||
the technical system <add>of procedure</add>, more especially the English branch<lb/> | |||
of it exemptions of this sort are granted. Were they<lb/> | |||
placed on any such grounds, they would be right in<lb/> | |||
principle <add>at any rate or</add> as having regard to the ends of justice: <del>the<lb/> | |||
only error they would be <gap/></del> in the application of<lb/> | |||
the principle to particular cases they would <add>still</add> be susceptible<lb/> | |||
of error, but that error would be no other than what<lb/> | |||
<hi rend="underline">might</hi> happen to be the result of a <unclear>wrong</unclear> appretiation <add>estimate</add><lb/> | |||
taken of the amount of the evil in question on the one<lb/> | |||
or the other side. Supposing no other persons concerned<lb/> | |||
in the point of interest but A and B, no advantage would<lb/> | |||
result but the contrary in subjecting B to a <add>mass of</add> expence<lb/> | |||
and vexation taken together such as £20 would be no<lb/> | |||
more than an adequate compensation for, to save A from<lb/> | |||
a loss to the amount of £20, that being the amount of the<lb/> | |||
loss produced by an act of misdecision <add>a wrong judgment</add> pronounced against<lb/> | |||
him for want of the <del>extra</del> evidence which <add>A</add> B would in case of<lb/> | |||
compulsion, have afforded.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1 March 1808
II. 5 No exemption from the obligation of furnishing evidence
except on special grounds
In this as in the other cases these grounds to be
sufficient must consist in be resolvable into a preponderant
mass of evil in the shape of delay vexation
and expence, preponderant over the evil consisting in
the danger of a certainty of misdecision attached to the
exclusion of the evidence.
Innumerable and the cases in the aggregate to a
prodigious degree extensive are the cases in which under
the technical system of procedure, more especially the English branch
of it exemptions of this sort are granted. Were they
placed on any such grounds, they would be right in
principle at any rate or as having regard to the ends of justice: the
only error they would be in the application of
the principle to particular cases they would still be susceptible
of error, but that error would be no other than what
might happen to be the result of a wrong appretiation estimate
taken of the amount of the evil in question on the one
or the other side. Supposing no other persons concerned
in the point of interest but A and B, no advantage would
result but the contrary in subjecting B to a mass of expence
and vexation taken together such as £20 would be no
more than an adequate compensation for, to save A from
a loss to the amount of £20, that being the amount of the
loss produced by an act of misdecision a wrong judgment pronounced against
him for want of the extra evidence which A B would in case of
compulsion, have afforded.
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Identifier: | JB/091/308/001"JB/" can not be assigned to a declared number type with value 91. |
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1808-03-01 |
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091 |
scotch reform |
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308 |
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001 |
no exemption from the obligation of furnishing evidence except on special grounds |
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text sheet |
1 |
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recto |
e1 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29304 |
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