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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"> | <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">Witnesses</hi>. No<lb/> But for evidence, no<lb/>right, no security. <add>So <gap/></add> The<lb/> by <unclear>patience</unclear>. No <del><gap/></del> oath re<lb/> evidence: no fees no <gap/> —<lb/> So says Judge-made Law.</p> <p><note><gap/> Justice. so as fees<lb/> be <gap/> proved and <gap/></note></p> <p>§ . Security against <sic>duplicous</sic> <sic>falshood</sic> must <add>should</add> be all-comprehensive<lb/>Oaths narrowed it </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> <p> <add>For the purpose of rendering intelligible the observations belonging</add> As a preliminary to what belongs to the topic of procedure<lb/> those which belong to the present one will be seen to <gap/> by an irresistible title <lb/>the precedence <unclear>about</unclear> them.</p> <p><note>6<lb/> Judicature effectual<lb/> only in proportion<lb/> to freedom of evidence<lb/> from deception</note></p> <p> Only in proportion as the evidence which it serves <add>is employed</add><lb/> to check is free from being deceptive 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/>evidence is checked <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 the 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 joint influence of the two causes<lb/> 1. The non employment <add><gap/></add> of the two proper <add>appropriate necessary sort of </add> securities: 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/>irresistible list the precedence: for in proportion <add><gap/></add> to the extent in<lb/> which employment is given to this same false security, the system<lb/> of precedence fails 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 .
Witnesses. No
But for evidence, no
right, no security. So The
by patience. No oath re
evidence: no fees no —
So says Judge-made Law.
Justice. so as fees
be proved and
§ . Security against duplicous falshood must should be all-comprehensive
Oaths narrowed it
5
This topic why
prior to that of
Procedure
For the purpose of rendering intelligible the observations belonging As a preliminary to what belongs to the topic of procedure
those which belong to the present one will be seen to by an irresistible title
the precedence about them.
6
Judicature effectual
only in proportion
to freedom of evidence
from deception
Only in proportion as the evidence which it serves is employed
to check is free from being deceptive 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
evidence is checked such as in such a state most occasion is the
body of evidence elicited, that deception of the part of the 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 joint influence of the two causes
1. The non employment of the two proper appropriate necessary sort of securities: 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
irresistible list the precedence: for in proportion to the extent in
which employment is given to this same false security, the system
of precedence fails 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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jeremy bentham |
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