JB/054/004/001

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1824 Jany 12
Constitutional Procedure Code
Ch. General View
§. Natural and Technical Contrasted

days

10. In every instance in which the on the pursuer's
side the applicate or pursuit is tainted with mendacity insincerity
or temerity, the natural system is with
anxiety for the applicate repression protection of the intended victim
by the imposition of the burthen of making compensation for
the injury, as well and in so far as that the means of
repression in that shape are insufficient, with punishment
in a pecuniary or other shape in the name of punishment: and this not only where as
to the main subject matter of the suit the thus offending party is
in the wrong, but for every instance of delinquency in this
shape on the occasion of a suit in which in respect of the
demand made by it the party he is in the right.

11. So likewise in the case of a party on the Defendant's
suit side.

12. In regard to evidence, the natural system,
studious of obtaining the maximum of security against deception
by mendacity, insincerity or temerity of admitts
not of personal testimony but under the security afforded
by vivâ interrogation at the hands of all persons interested
in the exhibition development of truth by questions arising out of answers
both question and answer committed on the spot to writing, and the answers delivered
under the temper responsibility compensational and practical
in case of falshood in any one of those shapes.

On the other hand the technical system seeing that
by this means no fees would be to be gained, and that
successful mendacity and thus misdecision would be checked, minimizes
the number of the occasions in which evidence in the
trustworthy shape is received, and extracted, maximizing the
occasions in which it is received in the most untrustworthy
shape possible: namely that of statements and counter-statements,
exhibited in writing after having been worded up not
by the party or the witness but by the lawyers of the party, and
protected against all the
scrutiny of counter-interrogation
subject to no other
security for verity than
what is afforded of by responsibility
in a punitional
shape for falsity
under the name of perjury, a check which as it can not be applied without great difficulty and certain expence and small chance of success is not applied
in one instance out of a hundred or many hundreds instances in which the demand just and demand for it have place.

Identifier: | JB/054/004/001"JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-01-12	Marginal Summary Numbering	15-18
Box	054	Main Headings	procedure code
Folio number	004	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e12
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17523
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