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<p>1825. May 12<lb/> | |||
<head>Procedure Code</head></p> | |||
<p><head>English Law</head></p> | |||
<p>From the state of things here brought to view injustice<lb/> | |||
to an enormous extent in favour of the higher classes<lb/> | |||
to the prejudice <add>at the expence</add> of the lower classes is continually operating<lb/> | |||
under English law.</p> | |||
<p><del>According to <gap/></del> No man <add>person</add> says the general rule,<lb/> | |||
can be admitted to give testimony in favour of his own <unclear>side</unclear><lb/> | |||
in a suit in which he is engaged.</p> | |||
<p>But in favour of any <del>non</del> <add>person</add> any Agent of his is<lb/> | |||
<add>otherwise interested <unclear>therein</unclear> as such</add> admitted without exception.</p> | |||
<p>Apply this to the case of Landlord and Tenant.<lb/> | |||
In the most general state of things the Landlord is a <unclear>suitor</unclear><lb/> | |||
more than his tenant: and in such sort rules as to act<lb/> | |||
<add>and treat</add> not by himself but by an Agent commonly of the profession<lb/> | |||
of the law: while the Tenant <del>acts</del> to save the expence<lb/> | |||
acts and treats <del>in person and</del> without a hired Agent<lb/> | |||
professional or non professional, and through ignorance of the<lb/> | |||
state of the law in this behalf, without a witness.</p> | |||
<p>In this case <add>a case of this sort</add> even if the testimony of the party in his<lb/> | |||
own behalf were admitted, <add>his situation would still be one</add> still he would stand in a situation<lb/> | |||
of considerable disadvantage, <add>the immediate <gap/></add> the degree of credence <del><gap/></del><lb/> | |||
a man will obtain when testifying in a case in which he<lb/> | |||
has an interest of the self-regarding especially of <del>of</del> the pecuniary<lb/> | |||
kind, <del>with</del> can seldom be equal to that which would be given<lb/> | |||
to the same man in <del>the</del> <add>a</add> case in which he was not <unclear>known</unclear><lb/> | |||
to possess any such self-regarding interest.</p> | |||
<p>It is altogether natural that the advantage resulting<lb/> | |||
from this <unclear>exclusionary</unclear> rule to the higher classes has had a share<lb/> | |||
more or less considerable <del>of</del> either in the establishment or in the<lb/> | |||
<del>comparative</del> conservation of it, or in both.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. May 12
Procedure Code
English Law
From the state of things here brought to view injustice
to an enormous extent in favour of the higher classes
to the prejudice at the expence of the lower classes is continually operating
under English law.
According to No man person says the general rule,
can be admitted to give testimony in favour of his own side
in a suit in which he is engaged.
But in favour of any non person any Agent of his is
otherwise interested therein as such admitted without exception.
Apply this to the case of Landlord and Tenant.
In the most general state of things the Landlord is a suitor
more than his tenant: and in such sort rules as to act
and treat not by himself but by an Agent commonly of the profession
of the law: while the Tenant acts to save the expence
acts and treats in person and without a hired Agent
professional or non professional, and through ignorance of the
state of the law in this behalf, without a witness.
In this case a case of this sort even if the testimony of the party in his
own behalf were admitted, his situation would still be one still he would stand in a situation
of considerable disadvantage, the immediate the degree of credence
a man will obtain when testifying in a case in which he
has an interest of the self-regarding especially of of the pecuniary
kind, with can seldom be equal to that which would be given
to the same man in the a case in which he was not known
to possess any such self-regarding interest.
It is altogether natural that the advantage resulting
from this exclusionary rule to the higher classes has had a share
more or less considerable of either in the establishment or in the
comparative conservation of it, or in both.
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Identifier: | JB/054/101/001"JB/" can not be assigned to a declared number type with value 54. |
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1825-05-12 |
2-6 |
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054 |
procedure code |
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101 |
procedure code |
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001 |
english law |
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text sheet |
1 |
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recto |
e2 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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17620 |
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