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Front Page Titles (by Subject) Bentham to John Smith, M. P. - The Works of Jeremy Bentham, vol. 11 (Memoirs of Bentham Part II and Analytical Index)
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Bentham to John Smith, M. P. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 11 (Memoirs of Bentham Part II and Analytical Index) [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. 11.
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Bentham to John Smith, M. P.“Q. S. P., 21st April, 1830. “My dear Sir,—On every account, private as well as public, high is the gratification afforded me by your most obliging letter. “Sorry I am, that by the mention made of Denman in mine, to which yours is an answer, a sensation of an unpleasant kind has been made in one of your heartstrings. “With Denman I never had more than one interview, and that a casual one, nor more than half-an-hour’s conversation: the result of which was, on my part, as towards him, a sentiment composed of esteem and affection, and the satisfaction of standing assured of the existence of a sentiment of the same nature on his part as towards me. “Accordingly, it is chiefly through the medium of general report that my conception of his character has been formed. He is, as far as I ever heard, of the number of those few of whom everybody speaks well. But high as he stands above par in the intellectual scale, what I have generally heard said is, that he does not in that scale stand quite so high as in the moral scale. “In regard to law reform, I am indebted to his kindness for a copy of a pamphlet of his on that subject. If my conception on that subject, together with the unanimous voice of all who are acting with me, is correct, his suggestions, taking them all together, do not go to the root of the evil: if adopted and carried into effect, they would cut off no more than a comparatively minute portion of it, and give stability to the remainder. “Be this as it may, no call will on this occasion be made to him to declare himself. It is unanimously agreed, that partly for their own sakes, partly for that of the public, no such call shall be made to any man of the lawyer class, official or professional, for this purpose. Not even Bickersteth, who is a most cordial friend to law reform, to its utmost extent, (excuse the blunders my sinking frame is continually falling into,) and has hitherto acceded without reserve to the letter as well as spirit of everything proposed by me. By him has been revised and approved of, everything that he has seen of my proposed Equity Despatch Court Bill, and what he has seen comprehends the principal part of it. But the newspapers and private report speak of him as likely to be one of the new judges upon the Chancellor’s sham-reform plan; in which situation I should rejoice to see him placed, and I will not place him in any such embarrassing situation as that of being obliged either to give, or to decline giving his accession to a measure necessarily so displeasing to the higher powers. “As to the apprehended difference between Denman and myself, a few words will suffice for presenting some conception of it. In regard to procedure, I am for the complete substitution of the summary to the regular on every part whatsoever of the field of law: he, not. In regard to evidence, I am for a complete exclusion of the practice of excluding evidence on any such ground as that of preventing deception, or that of saving a man who has done a punishable act, from the need of contributing to cause it to be believed that he has done so,—namely, either by stating what it is that he has done, or by declining so to do. Denman, on the other hand, by the opinion which, in common with the generality of the fraternity, he maintains, or at any rate did maintain, stands entangled in the inconsistency alluded to in my former letter.* “Should it ever happen to you to hold any conversation with him in relation to either of those points, you will observe whether he comes to close quarters, or confines himself to vague generalities, from which no trust-worthy conclusion can be derived. “In my five large volumes on the subject of Evidence, (the Rationale of Evidence,—the whole running counter to the current—the united current of sinister interest, interest-begotten prejudice, and authority-begotten prejudice,) the subject of the exclusions put on Evidence occupies more than a whole volume. By what inducements can the perseverance of a lawyer, who either is or wishes to be in full practice, (rare exceptions excepted!) be reasonably expected to carry him through a volume filled with matter, the object of which is to prove, that he and all men whose feelings, interests, and opinions are in unison with his own, are in the wrong? and this with such effect, and to such a degree, as to be hostile to the interests, and detrimental to the happiness of all the rest of mankind?” [* ] Lord Denman has brought a Bill into the House of Lords, during the present Session of Parliament, (1842,) whose purpose is to admit the testimony of witnesses, notwithstanding power or interest, in the subject-matter, whether civil or criminal. |

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