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<head>Punishment in alienam personam</head> | <head>Punishment in alienam personam - Incompetency</head> | ||
<p>away for a penny. But the parties are both of them<lb/> | <p>away for a penny. But the parties are both of them<lb/> | ||
miserably poor: they neither of them have a penny<lb/> | miserably poor: they neither of them have a penny<lb/> | ||
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me to give a false account of the matter? nothing<lb/> | me to give a false account of the matter? nothing<lb/> | ||
What then is the danger of admitting me? <del>to</del> none at<lb/> | What then is the danger of admitting me? <del>to</del> none at<lb/> | ||
all. What the consequence of | all. What the consequence of rejecting me? the<lb/> | ||
triumph of oppression. How in a case like this<lb/> | triumph of oppression. How in a case like this<lb/> | ||
there is nothing singular nor improbable: a thousand | there is nothing singular nor improbable: a thousand<lb/> | ||
such might a man figure to himself with ease.</p> | such might a man figure to himself with ease.</p> | ||
<p>Having proceeded thus far I will venture to advance<lb/> | <p>Having proceeded thus far I will venture to advance<lb/> | ||
this position that a man's testimony ought<lb/> | <note>A witness might<add>therefore</add> not<lb/> | ||
be rejected even<lb/> | |||
for Perjury</note> this position that a man's testimony ought<lb/> | |||
not to be rejected at all events even for the crime of<lb/> | not to be rejected at all events even for the crime of<lb/> | ||
Perjury: in not for Perjury, it will follow <hi rend="underline">a portion</hi><lb/> | Perjury: in not for Perjury, it will follow <hi rend="underline">a portion</hi><lb/> | ||
not for any other crime. I will <add>just offer</add> | not for any other crime. I will <add>just offer</add> <del>mention</del> a further<lb/> | ||
consideration or two in support of this opinion: I<lb/> | consideration or two in support of this opinion: I<lb/> | ||
will then give a short sketch of the evil consequences<lb/> | will then give a short sketch of the evil consequences<lb/> | ||
that result from such an absolute rejection:<lb/> | that result from such an absolute rejection:<lb/> | ||
I will thirdly | I will thirdly offer an expedient which<lb/> | ||
I think would answer <add><del>be equally well calculated to produce the good effect</del></add> every good purpose of it: and<lb/> | I think would answer <add><del>be equally well calculated to produce the good effect</del></add> every good purpose of it: and<lb/> | ||
lastly I will state the different degrees of reason there<lb/> | lastly I will state the different degrees of reason there<lb/> | ||
may be for extending the incapacity to the different<lb/> | may be for extending the incapacity to the different<lb/> | ||
crimes that may be proposed.</p> | |||
<p>Now then let the crime of which the witness has been<lb/> | <p>Now then let the crime of which the witness has been<lb/> | ||
<note>A witness | <note>A witness ought not<lb/> | ||
be rejected even<lb/> | be rejected even<lb/> | ||
for Perjury</note> convicted be that of Perjury. He has however no<lb/> | for Perjury</note> convicted be that of Perjury. He has however no<lb/> | ||
Punishment in alienam personam - Incompetency
away for a penny. But the parties are both of them
miserably poor: they neither of them have a penny
to tempt me with. What then is there to induce
me to give a false account of the matter? nothing
What then is the danger of admitting me? to none at
all. What the consequence of rejecting me? the
triumph of oppression. How in a case like this
there is nothing singular nor improbable: a thousand
such might a man figure to himself with ease.
Having proceeded thus far I will venture to advance
A witness mighttherefore not
be rejected even
for Perjury this position that a man's testimony ought
not to be rejected at all events even for the crime of
Perjury: in not for Perjury, it will follow a portion
not for any other crime. I will just offer mention a further
consideration or two in support of this opinion: I
will then give a short sketch of the evil consequences
that result from such an absolute rejection:
I will thirdly offer an expedient which
I think would answer be equally well calculated to produce the good effect every good purpose of it: and
lastly I will state the different degrees of reason there
may be for extending the incapacity to the different
crimes that may be proposed.
Now then let the crime of which the witness has been
A witness ought not
be rejected even
for Perjury convicted be that of Perjury. He has however no
natural inducementinterest to speak false: if he has, that
forms another ground of disability which is not here
in question. If then he has an artificial interest
it is the party that must give it him. But in
this case the party must be a suborner: unless then
he have beenfound already convicted of subornation on a former occasion
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Identifier: | JB/141/146/002"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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146 |
punishment in alienam personam |
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002 |
incompetency |
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text sheet |
4 |
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recto |
f55 / f56 / f57 / f58 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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48363 |
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