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1823. Novr. 8
Constitutional Code.
Ch. III
Falshood securities against it.
Verdicity in parties and witnesses, how secured securities for it in parties
and witnesses
Ch. V.
Veridicity secured.
§. 1. Falshood Judicial falsity False assertion – its modes.
Art. 1. The Legislator who in a judicial by whom in any case falshood
is left without punishment, licences it in that case. The Judge by
by whom judicial falshood is left punished licences it
and by the licence thus given to falshood, he sanctions so also the Judge. Falshood is the appropriate instrument of injustice. To
licence falshood judicial falshood is to sanction injustice:
injustice, to establish it by law.++++ See whether the equivalent of this is not
already in the Const. Code Legislator or Judges
Declaration?
whence in a any case in which the Legislator has attached endeavour suppressed punishment
for falshood it voluntarily commended or allowed falshood to
be punished leaves it
unpunished for want of
endeavour to punish
it, does so too. Falshood
in every state is the appropriate
and every ready instrument
of justice injustice in
every shape.
Art. 2. As of falshood at large so of judicial
falshood there are three modifications.
1. Mendacious falshood: or say lying – Judicial lying
2. Insincere falshood: or say Insincerity – Judicial insincerity
3. Rash falshood: or say falshood by rash assertion
or through rashness.
Art. 3. Lying has for the subject matter facts at large a fact of
any kind the scene of which lies out of the is external with relation to the mind of him
by whom the assertion is made: such is every fact
the knowledge of which is obtained by the perception of which is conveyed to a man by
through any of his external senses.
Art. 4. Insincerity Insincerity has for its subject
matter a fact the scene of which lies solidly in the asserter's
mind, such is are opinion, and recollections in relation
to any matter of fact fact whatever whether the it be external
or internal or external, with relation to the asserter's mind
whether the scene of it lies within or without the asserter's
mind.
Identifier: | JB/055/115/001"JB/" can not be assigned to a declared number type with value 55. |
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Constitutional Code; Procedure Code |
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115 |
Constitutional Code |
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Ch. V / Veridicity secured |
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