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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 11 + <lb/> Law Amendment</head> <!-- figures and ult in pencil --> <p>20 <note>ult<lb/> Propositions</note><lb/>(1 <note><sic>Ch.</sic>iv Oaths, none<lb/> Proposed System</note></p> <p>Oath 1 <gap/> 2 Witnesses. 3. Judges.<lb/>☞ Goes in <gap/> <gap/> Appendix.<lb/>Swearing and <hi rend="underline">for</hi>swearing.</p> <p><sic>Ch. IV Oath, none</p> <!-- O in pencil besides marginal numbers --> <p><note>1<lb/>Oath none in any<lb/> case — Judicial<lb/> statement, <hi rend="underline">asseveration</hi></note></p> <p> 1. Oath none in any case: criminal any more than<lb/>civil. <del>For <gap/></del> Statement on a judicial occasion is for<lb/> a judicial purpose, <hi rend="underline">asseveration</hi>. Asseveration in so far as<lb/> false, has for its accompaniment <del>civil</del> <add> criminal</add> consciousness, or for its cause<lb/> culpable inadvertence, or blameless error. By criminal consciousness<lb/> understand consciousness of the falsity of that which is<lb/> asseverated: <del>the</del> in <del>correct</del> <add> customary</add> language wilful is the name<lb/> by which the <sic>falshood</sic> is <sic>characterized.</sic></p> <p><note>2<lb/> Of Wrongful judicial<lb/> asseveration or say<lb/> Mendacity consequent<lb/> satisfaction or punishment<lb/> or both</note></p> <p><sic>Falshood</sic> on whatever occasion uttered will either<lb/> have been or not have been followed by evil consequences consequence<lb/> productive of wrong in some determinate shape expressed<lb/> by some denomination of offence. Of this production of wrong<lb/> <del>punishment</del> satisfaction or punishment or both, as the case may<lb/> require, will be as for the offence consummated: if not,<lb/> as for the attempt — the offence <gap/> <add>in a material state</add>. <del>Accompanied <add>Produced</add></del><lb/> <del>by <gap/> and <gap/></del> In case of wrong thus operated, <del>produced</del><lb/> <del>by <gap/> of satisfaction</del> <add>for</add> the offence <del>having</del> <add>of which it has had</add> inadvertence for its<lb/> <gap/> satisfaction <add>for <sic>subsequential</sic> repression</add>, <!-- bracket in pencil --> [or where there being no individual to <add> Note (a) ? as in case of a party public</add><lb/> relieve it equivalent suffering under the name of punishment]<lb/> will for <sic>subsequential</sic> repression suffice. For false asseveration<lb/>accompanied with <del>civil</del> criminal consciousness, appropriate<lb/> denomination mendacious judicial <gap/>, or<lb/> for <gap/> judicial mendacity, or in one word mendacity.</p> <p><note>3<lb/> If <del>Judge</del> evidence<lb/> <del>prove<d/el> sufficiently<lb/> <sic>probative</sic>of falsehood<lb/> punitive or satisfaction<lb/> requiring mandate<lb/> issued on the spot</note></p> <p>Generally speaking whatsoever evidence <del>thus</del> will have<lb/> sufficed to produce in the mind of the Judge an adequate persuasion<lb/> that the asseveration in question was at the time of utterance<lb/> criminally or culpably false will have sufficient to<lb/> warrant his dealing with it as such in the way of satisfaction<lb/> or <del>both</del> punishment or both as above. If yes, let him choose<lb/> <add>and</add><lb/> <!-- continues in margin --> and order punishment<lb?> upon the spot: if, to<lb/> warrant such desire<lb/> also in evidence such<lb/> as can not be elicited<lb/> but in some ulterior<lb/> <!-- continues along the edge of the page -->law be regarded by him as necessary, in that case and not otherwise, let him adjourn the enquiry <add>for this purpose alone</add> to give admission to such ulterior evidence.</p> | |||
1827. Novr. 11 +
Law Amendment
20 ult
Propositions
(1 Ch.iv Oaths, none
Proposed System
Oath 1 2 Witnesses. 3. Judges.
☞ Goes in Appendix.
Swearing and forswearing.
Ch. IV Oath, none
1
Oath none in any
case — Judicial
statement, asseveration
1. Oath none in any case: criminal any more than
civil. For Statement on a judicial occasion is for
a judicial purpose, asseveration. Asseveration in so far as
false, has for its accompaniment civil criminal consciousness, or for its cause
culpable inadvertence, or blameless error. By criminal consciousness
understand consciousness of the falsity of that which is
asseverated: the in correct customary language wilful is the name
by which the <sic>falshood is characterized.
2
Of Wrongful judicial
asseveration or say
Mendacity consequent
satisfaction or punishment
or both
Falshood on whatever occasion uttered will either
have been or not have been followed by evil consequences consequence
productive of wrong in some determinate shape expressed
by some denomination of offence. Of this production of wrong
punishment satisfaction or punishment or both, as the case may
require, will be as for the offence consummated: if not,
as for the attempt — the offence in a material state. Accompanied Produced
by and In case of wrong thus operated, produced
by of satisfaction for the offence having of which it has had inadvertence for its
satisfaction for subsequential repression, [or where there being no individual to Note (a) ? as in case of a party public
relieve it equivalent suffering under the name of punishment]
will for subsequential repression suffice. For false asseveration
accompanied with civil criminal consciousness, appropriate
denomination mendacious judicial , or
for judicial mendacity, or in one word mendacity.
3
If Judge evidence
prove<d/el> sufficiently
probativeof falsehood
punitive or satisfaction
requiring mandate
issued on the spot
Generally speaking whatsoever evidence thus will have
sufficed to produce in the mind of the Judge an adequate persuasion
that the asseveration in question was at the time of utterance
criminally or culpably false will have sufficient to
warrant his dealing with it as such in the way of satisfaction
or both punishment or both as above. If yes, let him choose
and
and order punishment<lb?> upon the spot: if, to
warrant such desire
also in evidence such
as can not be elicited
but in some ulterior
law be regarded by him as necessary, in that case and not otherwise, let him adjourn the enquiry for this purpose alone to give admission to such ulterior evidence.
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Identifier: | JB/057/318/001"JB/" can not be assigned to a declared number type with value 57. |
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1827-11-11 |
1-3 |
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057 |
law amendment |
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318 |
law amendment |
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001 |
ch. iv / oath, none |
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text sheet |
1 |
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recto |
d20 / e1 |
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jeremy bentham |
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18648 |
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