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Front Page arrow Titles (by Subject) arrow SECTION XVIII.: EVIDENCE-PROCURING MONEY, HOW PROVIDED. - The Works of Jeremy Bentham, vol. 3

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Subject Area: Political Theory
Subject Area: Law

SECTION XVIII.: EVIDENCE-PROCURING MONEY, HOW PROVIDED. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 3 [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 3.

Part of: The Works of Jeremy Bentham, 11 vols.

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SECTION XVIII.

EVIDENCE-PROCURING MONEY, HOW PROVIDED.

Enactive.

Art. 1. For elicitation of evidence likely to be material to the suit, power to the Judge to require advance of money from suitors on both sides.

Ratiocinative.

Art. 1*.—i. By this means undue influence on witnesses prevented.

ii. A source of oppression cut off, and suitors prevented from going to needless expense, in the expectation that the other party will have to reimburse it.

iii. The richer a man, the stronger on his part the temptation to corruption and oppression in this form. It is a resource for malâ fide suitors.*

[* ]Under the existing system, demand for evidence is made, not from the Judge, but from the party. Bad effects of this system are—

1. If the witness be hostile or timid, the agent has it not in his power to bring him forward.

2. Witnesses’ examination by the agent not being on oath, no punishment for falsity.

3. Opportunity to witness to entrap the party and make him lose his suit; viz. by giving the agent a false story favourable to him; and on the trial, upon oath, giving the truth.

4. At the trial you cannot refute him by other evidence: you cannot contradict your own witness.

Such is the triumph of law over justice.