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<p><!-- pencil -->2 April 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p>The <add>oppressive</add> power of oppressing thus included in the <gap/><lb/>
 
mentioned thus given to parties, thus given to allegations,<lb/>
 
is beyond measure more effective, <add>more salutary to injustice, more fatal to justice</add>, than if given to testimony <add>testimonial<lb/>
<unclear>expositions</unclear></add> given to witnesses <del><gap/></del> (viz: extraneous witness) and to parties<lb/>
in the character of witnesses.  By mendacious testimony, no<lb/>
point is gained, any further than as it is believed <add>obtains evidence</add>:  and<lb/>
being by the supposition mendacious <add>false</add> the <add>preponderant</add> probability is that<lb/>
it will not obtain evidence.  But that <add>in order that</add> by means of<lb/>
those mendacious allegations a malâ fide suitor should<lb/>
gain his point, it is not necessary that the allegation<lb/>
should in the end have any the smallest chance of<lb/>
obtaining evidence.  The object is to make the suit<lb/>
more in a certain length of ways:  viz. the length of<lb/>
way which in virtue of the pre-established order of<lb/>
things it travels of course in consequence of the exhibition<lb/>
of an allegation to that effect.  This length of way it is<lb/>
sure to make:  for the <del>Ju</del> author of this pre-established<lb/>
system – the Judge, for the purpose of holding himself<lb/>
warranted in subjecting the other party to take the ulterior<lb/>
steps in question, the Judge, be the allegation ever<lb/>
so flagrantly mendacious, is predetermined to <add>act as if it were true</add> take it for true,<lb/>
or what comes to the same thing, to avoid seeing into the falsity<lb/>
of it, and to act in a manner in which <add>in point of justice and honesty</add> he could not<lb/>
be warranted in acting, upon any other supposition than the<lb/>
certainty of its being true.</p>
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Revision as of 05:22, 10 July 2022

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2 April 1805
Evidence

The oppressive power of oppressing thus included in the
mentioned thus given to parties, thus given to allegations,
is beyond measure more effective, more salutary to injustice, more fatal to justice, than if given to testimony testimonial
expositions
given to witnesses (viz: extraneous witness) and to parties
in the character of witnesses. By mendacious testimony, no
point is gained, any further than as it is believed obtains evidence: and
being by the supposition mendacious false the preponderant probability is that
it will not obtain evidence. But that in order that by means of
those mendacious allegations a malâ fide suitor should
gain his point, it is not necessary that the allegation
should in the end have any the smallest chance of
obtaining evidence. The object is to make the suit
more in a certain length of ways: viz. the length of
way which in virtue of the pre-established order of
things it travels of course in consequence of the exhibition
of an allegation to that effect. This length of way it is
sure to make: for the Ju author of this pre-established
system – the Judge, for the purpose of holding himself
warranted in subjecting the other party to take the ulterior
steps in question, the Judge, be the allegation ever
so flagrantly mendacious, is predetermined to act as if it were true take it for true,
or what comes to the same thing, to avoid seeing into the falsity
of it, and to act in a manner in which in point of justice and honesty he could not
be warranted in acting, upon any other supposition than the
certainty of its being true.


Identifier: | JB/058/335/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1805-04-02

Marginal Summary Numbering

6

Box

058

Main Headings

evidence

Folio number

335

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e3

Penner

jeremy bentham

Watermarks

cw 1799

Marginals

jeremy bentham

Paper Producer

c. abbit lees

Corrections

Paper Produced in Year

1799

Notes public

ID Number

19004

Box Contents

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