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Rationale of Judicial Evidence; Specially Applied to English Practice
Rationale of Judicial Evidence Specially Applied to English Practice Author:Jeremy Bentham General Books publication date: 2009 Original publication date: 1827 Original Publisher: Hunt and Clarke Subjects: Evidence (Law) Law / General Law / Civil Procedure Law / Evidence Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General B... more »ooks edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: Section II. -- Alliance between the sinister interest of judges and that a/professional lawyers. Under every system of procedure, and in the very earliest and rudest stages of society, some individuals there must always have been, to whom, by infirmity, bodily or intellectual, (on this as on other occasions), the assistance of others must occasionally have been rendered necessary. So far as persons standing in need of this assistance could find friends that were at the same time sufficiently qualified to afford it, and able to afford it gratis, so far society could exist, and did exist, without professional lawyers. But, so soon as one instance manifested itself, in which a man, unable on other terms to obtain the assistance he looked upon as necessary, had recourse to pecuniary retribution for the purchase of it; that instant the profession of a lawyer came into existence. The same motives by which, in every other line of money-getting business, a man is stimulated to raise to its maximum the quantity of his business, will of course apply themselves to this, and with equal energy. The interest of the judge was, that there should be as many suits as possible : the interest of the professional lawyer was the same. Here then is a community of interests, between the judge on the one part, and the professional lawyer on the other: and this community of interest is, upon the face of it, perfect and entire. It was the interest of each, that the mass of business (understand always profit-yieldi...« less