date

31 Aug 1804 Evidence Circumstantial
31 Aug 1804

Evidence

Circumstantial

Ch. 1. General[?]

§.3. Order [...?]

§3. Order of enquiry.

The course pursued by /order observed in/ the disquisitions contained in the present book will be found to be [...?] as follows -

1. To exhibit some general explanations of relation to the nature of this class of /circumstantial/ evidence -

2. To give a catalogue, the more ample the better /as ample as possible/ of such tools[?] /species/ of evidence referable to this class as appear alike applicable to an extensive class of causes: leaving as an endless task /labour/, the task of giving /exhibiting/ the whole mass of circumstantial evidence capable of applying to this or that particular species of cause.

3. In describing, as far as appears necessary, the nature and characteristic properties of each such species of circumstantial evidence, to show in what manner it may contribute to satisfy the mind[?] concerning the existence or non-existence of the principal fact (the fact supposed to be evidenced) to which it applies.

4. To show at the same time the cases in which, and thereby sometimes the causes from which, its probative force is liable to fail: - the cases and causes of its failing to be conclusive.
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    To show at the same time that all that there is of reality in the case, where certainty and impossibility are attributed to the facts themselves, is the persuasion /the persuasion in question in such cases/ which exists in our own minds - and at the same time to show that this persuasion is sufficient for every practical purpose, I shall proceed to give a short and general view of the alledged impossibility in the character of a species of circumstantial evidence, operating in disproof of the existence of some corresponding principal fact alledged to be evidenced, the existence of which is on the other [.../] no matter from what source. By the view thus given of the subject (of impossibility) two propositions will I flatter myself all along appear. One is, that impossibility is merely relative - relative to the person by whom it is employed: in as much as the same[?] fact which to him /one/ is called impossible because to him it appears so /because he is persuaded of its being so/, might naturally to another man appear probable, or even to himself, at another time. The other is - that in so far as any fact thus really appears to him to be impossible, he is fully warranted, as well in point of prudence as of probity, in acting as if it really were impossible in its own nature: as if he had so full a comprehension of its nature that is of the nature of all things, as to be able to pronounce the[?] fact impossible, without the possibility of being deceived.
  • Title: [Aug 1804 Evidence Circumstantial]
    Description: Aug 1804

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    Ch.2. Circumstantial [...?]

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    In the case of circumstantial evidence there are always two facts to be considered: 1. the principal fact /the factum probandum or[?] problematical/, the fact the existence of which is supposed or proposed to be proved or - to be evidenced: which is the subject of proof; 2 the evidentiary fact - the fact /the factum probans/ from which the existence of the principal fact is or may be inferred.

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    In all cases of a penal nature, (high enough in rank to be reputed criminal,) certain facts of a psychological nature are necessary to constitute the crime[?]: these are 1. criminative intentionality and 2. criminative consciousness: and in many cases supposing criminative intentionality and consciousness ascertained the mischievousness of the act will be liable to be modified by the nature of the motive or motives which give birth to it.

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  • Title: [9[?] Sept 1804 Evidence Circumstantial]
    Description: 9[?] Sept 1804

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    To give a detailed view of circumstantial evidence applicable to all cases - that is of evidentiary facts applicable to all sorts of principal fact, the existence of which is liable to come in question in judicature - would be a task of not altogether impracticable, at least not practicable within the limits in point of bulk room[?] to which a work of so extensive a range as the present work is necessarily confined. Under the head of Appropriate Evidence, there will be occasion to speak of the necessity of discarding the consideration of evidence /evidentiary facts/ in so far as the principal facts to which they respectively apply do not come in question but on the occasion of this or that particular species[?] of cause[?]: and of the evidence thereby designated a large portion /proportion/ will always be found to belong to the head of circumstantial evidence.