FREE BOOKS

Author's List




PREV.   NEXT  
|<   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219  
220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   >>  
ul' because it enables us to get quickly and easily at the evidence, to take effective securities for its truthfulness, to estimate its relevance and importance, to leave the decision to the most qualified persons, and so forth. These points, again, can only be decided by a careful appeal to experience, and by endeavouring to understand the ordinary play of 'motives' and 'sanctions.' What generally makes a man lie, and how is lying to be made unpleasant? By rigorously fixing our minds at every point on such issues, we find that many questions admit of very plain answers, and are surprised to discover what a mass of obscurity has been dispelled. It is, however, true that although the value of the method can hardly be denied unless we deny the value of all experience and common sense, we may dispute the degree in which it confirms the general principle. Every step seems to Bentham to reflect additional light upon his primary axiom. Yet it is possible to hold that witnesses should be encouraged to speak the truth, and that experience may help us to discover the best means to that end without, therefore, admitting the unique validity of the 'greatest happiness' principle. That principle, so far as true, may be itself a deduction from some higher principle; and no philosopher of any school would deny that 'utility' should be in some way consulted by the legislator. The book illustrates the next critical point in Bentham's system--the transition from law to politics. He was writing the book at the period when the failure of the Panopticon was calling his attention to the wickedness of George III. and Lord Eldon, and when the English demand for parliamentary reform was reviving and supplying him with a sympathetic audience. Now, in examining the theory of evidence upon the plan described, Bentham found himself at every stage in conflict with the existing system, or rather the existing chaos of unintelligible rules. English lawyers, he discovered, had worked out a system of rules for excluding evidence. Sometimes the cause was pure indolence. 'This man, were I to hear him,' says the English judge, 'would come out with a parcel of lies. It would be a plague to hear him: I have heard enough already; shut the door in his face.'[420] But, as Bentham shows with elaborate detail, a reason for suspecting evidence is not a reason for excluding it. A convicted perjurer gives evidence, and has a pecuniary interest in the result. That is
PREV.   NEXT  
|<   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219  
220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   >>  



Top keywords:
evidence
 

principle

 

Bentham

 

English

 

system

 

experience

 

excluding

 

discover

 

existing

 
reason

interest

 

period

 

failure

 

writing

 

detail

 

pecuniary

 

suspecting

 
elaborate
 
result
 
George

wickedness

 

politics

 

calling

 

attention

 

Panopticon

 

utility

 

consulted

 

legislator

 
school
 

philosopher


perjurer
 
transition
 

critical

 
illustrates
 
convicted
 
higher
 

demand

 

parcel

 
unintelligible
 
lawyers

deduction
 

plague

 

discovered

 
indolence
 
Sometimes
 

worked

 

conflict

 

supplying

 

reviving

 

parliamentary