1
results found in
15 ms
Page 1
of 1
17 Sept. 1803
Evidence
Instructions
Considerations
Of a quantity of pecuniary interest represented by any given sum (say ,100) the force will be in a prodigious degree different, according as a result of the decision to the witness will be gain or loss to the amount of that same sum according as it is gain to that amount or lost to that same amount that will be the result. The mischief /suffering/ produced to a man by a loss to any given amount is much more than equivalent /equal/ to the enjoyment that would be produced by gain to that same amount. If a man who has /is worth/ ,400 gains ,200 his fortune after the gain /acquisition/ is to his fortune before the acquisition but as to 4: if a man who has ,400, loses ,200 his fortune after the loss is to his fortune before the loss but as 3 to 6. If a man who has ,400 gains another /other/ ,400 his condition after the accession is not very high: if a man who has ,400 loses the ,400 his condition after the loss is as low as it ever can be. When a man who had originally ,400 receives a gain of ,400, his state /fortune/ is capable of receiving accession upon accession without end: but when a man whose original fortune was as ,400 has lost ,400, his loss at that single [...?] is as great as it can be /there is no room, in [...?] for any further losses/.
Similar Items
-
Title: [27 June 1807 (4) (2) Note continued]Description: 27 June 1807 (4) (2) Note continued Letter V II. Litigation II. Def t. malâ fide What, to a man juding the principles of common honesty and common sense would be apt to appear still more difficult to establish, has actually been established: viz. that he who is entitled to the horse, viz. the whole horse, shall never from law receive any part of it: but that instead of the horse what he receives, if any thing, shall be a sum of money: viz. so much money, as in the judgment of twelve men, who never see the horse, the animal may have been worth. This substitution has many /divers/ uses, one of them will be seen immediately /presently/. What is thus true of a horse is equally true of every thing else that does not belong to the class of things immoveable: it being among the peculiarities, which is as much as to say among the excellencies of the English Common Law, that, under it, except what can not be carried away, no one individual person sees any one individual thing that he can call his own. Equity, a monstrous execresence grown, comparatively of late years, out of Common Law, varies the matter indeed, but without mending it. To Property of[?] so paltry a value as £10 (equal at the time of the fixation to at least two years of an average individual taken from the class composed of the majority of the people) it was "beneath the dignity" of a Dealer in Equity to bestow his protection. Fortunate insolence! Happy the party wronged, to whom justice was thus flatly denied at once. Two years subsistence or thereabouts formed the maximum of his loss. Whether he loses the cause or gains it, he to whom the protection is pretended to be afforded never finds his affliction bounded by any such narrow limits.
-
Title: [16 Sept 1803 Evidence Instructions]Description: 16 Sept 1803 Evidence Instructions Considerations 2. Pecuniary Considerations respecting the effect of pecuniary interest upon evidence. 1. The value at stake being given /the same/, as also sensibility o the individual to a gain or loss to that amount, as deducible from the state of his pecuniary circumstances in other respects, a mans testimony is more exposed to just suspicion in the case where he is a party to the suit, than where he is not a party; as also more where he is plaintiff, than where he is defendant. 2. For a man who is not a party to the suit - that is has no natural interest of the pecuniary kind in the success of that side in favour of which his testimony tends - can in general gain no advantage can gain no thanks from the party in whose favour if the testimony be wilfully false, and at the same time successful the falshood operates, unless the party is privy to the falshood, and in some sort a [...?] of it. /particular in the guilt./ False evidence /Perjury/ therefore in this case requires two to be concerned in it: whereas, where the party and the witness are the same person /there is no party concerned besides the witness himself/, it requires but one. 3. In a situation of a defendant, false evidence, in a cause relative to money, is not so dangerous in its tendency viz: in the way of example, on the side of the defendant, as on the side of the plaintiff. The reason is, that in the character of a defendant, as such a man is not in his own power the means of increasing his [...?] /the numbers/ at pleasure: on each occasion whether the suit to which he is a party takes place, depends, directly at least, not upon himself, but upon another person, - the plaintiff. By his false testimony /falshood/ the utmost he can hope to do is to exonerate himself from the particular /single/ obligation which another person, in the character of defendant, so long as he confines himself to that character, it is not in his power to impose any sort of obligation upon anybody by any subsequent attempts /succeeding falshoods/, whatever his success may have been in the first.
-
Title: [21 Aug 1809 + Parl y Reform]Description: 21 Aug 1809 + Parl y Reform B.III. Influence Corruption Electors 1 The Lords are in for themselves: Why may not Electors be? '. Bribery be on the part of the Elector? Not till after Corruption on the part of the Member. The parliamentary Elector in his situation does he not do mischief, by accepting of money or what is equivalent, for his vote? I answer, as before /above/ - that depends upon the character and disposition of the Member whom his vote contributes to place in the House: in which is included the this /these two/ proposition, viz. that, if without his vote the candidate would equally have been placed there, or is not placed there at all, no mischief is produced. The Member /Candidate/, who being a man of an independent mind, means to act upon independent principles gains his election by bribery, and acts upon those principles to the last. The Candidate who had he succeeded on his election would have been from first to last a tool of the Minister, gives no bribes and loses it. Now where is the mischief in this? - just none: the case /event/ in which the mischief, whatever mischief the case is susceptible of, would have taken place, is the opposite case /event/.
1
results found.
Page 1
of 1