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' | <head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> 24<lb/> Law Amendment</head> <!-- numbers in pencil --> <p>22 <note>3<hi rend="superscript">o</hi><lb/>Propositions</note><lb/>(1 <note>§ . No Oath</note></p> <p>Give up swearing — Give up making people<lb/>to swear, or you give up Justice veracity <add>sincerity</add> and <gap/>.</p> <!-- dividing line in ink to separate the next text --> <p><hi rend="underline"><gap/></hi>. <sic>req'd</sic> No<lb/> But for <gap/>, no<lb/> right, no security. <add>So <gap/></add> The<lb/> by patience. No <del><gap/></del> <gap/> in<lb/> <gap/>: no fees no <gap/> —<lb/> So says Judge-made Law.</p> <p><note>Punish Justice. so as fees<lb/> be <gap/> proved and <gap/></note></p> <p>§ . Securely against <sic>duplicious</sic> <sic>falshood</sic> must <add>should</add> be all-comprehensive<lb/>Oaths <gap/> it<lb/> For the purpose of rendering intelligible the observations belonging</p> <!-- O in pencil next to the marginal numbers --> <p><note>5<lb/> This topic why<lb/> prior to that of<lb/>Procedure</note> <p> As a preliminary to what belongs to the topic of procedure<lb/> these which belong to the <gap/> <gap/> will be seen to <gap/> by an irresistible <gap/> <lb/>the procedure <gap/> them.</p> <p><note>6<lb/> Judicature effectual<lb/> only in proportion<lb?> to freedom of evidence<lb/> form deception</note></p> <p> Only in proportion as the evidence which it serves <add>is employed</add><lb/> to check is free from being <sic>deceptious</sic> does judicial procedure<lb/> produce the effect which whether it is or no ought to be intended<lb/> by it. Unless the existing state of things the state in which<lb/><gap/> is <gap/> <del>such as <del><gap/></del> <add> in such a state</add> most occasion is the<lb/> body of evidence elicited, that deception <add>of the part of a Judge</add> is the result, and<lb/>without blame on his part deception follows.</p> <p><note>7<lb/> This deception the effect<lb/> 1 non employment of<lb/> effectual security — viz<lb/> punishment<lb/> 2 employment of a <lb/> fallacious security —<lb/> viz the oath</note></p> <p>This deception is the result of the just influence of the <gap/><lb/> 1. The non employment <add><gap/></add> of the <gap/> proper <add>appropriate necessary sort of </add> security: the employment<lb/> given to a false and fallacious security</p> <p>The necessary security is punishment — eventual punishment<lb/> The improper and fallacious sort of security is the ceremony<lb/> of an oath the act called swearing, the ceremony called taking<lb/> an oath</p> <p> Of this fallacious security the effect it will be seen is — to put<lb/> an exclusion upon the only efficacious one.</p> <p><note>8<lb/> Injustice of corruption<lb/> introduced by this <lb/> fallacious security<lb/>a reason for introducing<lb/> this topic<lb/> before that of procedure</note></p> <p>Over the topic of Procedure this topic <gap/> by an <lb/> <gap/> task the precedence: for in proportion <add><gap/></add> to the extent in<lb/> which employment is given to this same false security, the <gap/><lb/> of procedure <gap/> of altering what ought to be and is professed to be its<lb/> <add>main</add> end, and injustice is the consequence.</p> <p> The corruption introduced <add> planted</add> by this ceremony into the system of<lb/> judicial procedure, the following observations which here follow will help<lb/> to bring to view</p> | ||
1827. Octr. 24
Law Amendment
22 3o
Propositions
(1 § . No Oath
Give up swearing — Give up making people
to swear, or you give up Justice veracity sincerity and .
. req'd No
But for , no
right, no security. So The
by patience. No in
: no fees no —
So says Judge-made Law.
Punish Justice. so as fees
be proved and
§ . Securely against duplicious falshood must should be all-comprehensive
Oaths it
For the purpose of rendering intelligible the observations belonging
5
This topic why
prior to that of
Procedure
As a preliminary to what belongs to the topic of procedure
these which belong to the will be seen to by an irresistible
the procedure them.
6
Judicature effectual
only in proportion<lb?> to freedom of evidence
form deception
Only in proportion as the evidence which it serves is employed
to check is free from being deceptious does judicial procedure
produce the effect which whether it is or no ought to be intended
by it. Unless the existing state of things the state in which
is such as in such a state most occasion is the
body of evidence elicited, that deception of the part of a Judge is the result, and
without blame on his part deception follows.
7
This deception the effect
1 non employment of
effectual security — viz
punishment
2 employment of a
fallacious security —
viz the oath
This deception is the result of the just influence of the
1. The non employment of the proper appropriate necessary sort of security: the employment
given to a false and fallacious security
The necessary security is punishment — eventual punishment
The improper and fallacious sort of security is the ceremony
of an oath the act called swearing, the ceremony called taking
an oath
Of this fallacious security the effect it will be seen is — to put
an exclusion upon the only efficacious one.
8
Injustice of corruption
introduced by this
fallacious security
a reason for introducing
this topic
before that of procedure
Over the topic of Procedure this topic by an
task the precedence: for in proportion to the extent in
which employment is given to this same false security, the
of procedure of altering what ought to be and is professed to be its
main end, and injustice is the consequence.
The corruption introduced planted by this ceremony into the system of
judicial procedure, the following observations which here follow will help
to bring to view
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Identifier: | JB/057/320/001"JB/" can not be assigned to a declared number type with value 57. |
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1827-10-24 |
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320 |
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jeremy bentham |
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18650 |
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