048-001.xml

Title: [29 April 1803/ 13 Dec. 1808 Evidence]

Description: 29 April 1803/ 13 Dec. 1808

Evidence

Marg. Con B.I Ch.I

F Work that ---- with

Ch.2 Species and book on circumstantial

1. Facts considered in these ---- -- are expressed by words.

2. Ex gr. positive or other nature -- ----- - existence and non-existence

F 1. Facts 2. legally in operation or - material X not Y.

3. Physical or psychological

4. Individual x general

5. Susceptible of permanancy x unsusceptible of to = ------

6. Entities 1. Real x 2. Fictions - words not being names of real entities.

7. Fictions 1. of the first order

2. Motions. physical

2d of the 2d order - ------- 2. Relations including -----.

8. Facts 1. -----

2. Events -----

9. ----- 1. physical -----

2. Moral i.e. physical compounded with psychological

10. Acts 1. Transient 2. ----. See ---- chemical

11. Facts 1. principal 2. evidentiary

12. - principal 1. in penali. Inculpative &c 2. in non-penali - ----- &c

13. 1. simple 2. complex or aggregate which include the ---- -------

14. Fact x matter of fact = a simple fact or an aggregate of facts too multifarious to be demonstrated a fact. Matter of fact = matter of ----, of punishment, of reward.

15. Facts 1. individual x general

16. To individual belongs individuation - to general belongs classification.

FACTS 1

Evidence is relative and consists of facts - evidence of facts: viz: facts exhibited or brought into existence for the sake of proving the existence or non-existence of other facts. Legal evidence of facts considered in a legal point of view = facts legally ---- = material = operative p.1

2(a)

Fact and matter of fact p.1

3.

- for the purpose of grounding a decision to be made by a judge p.1

4.

Facts considered in a legal point of view are principal or evidentiary - This is an introd. ---- to proced.

Principal, what p.2

5.

Evidentiary, what p.2

6.

Principal legal facts admit of a particular description. Any fact may be an evidentiary legal fact. p.2

6(a)

To exhibit the connection between facts principal & evidentiary in all cases an almost endless task.

Reference to book on circumstantial evidence

Principal facts distinguished (as before).

Provable by

Plff Defd

In respect of punishment

1. Inculpative 1. Exculpative

or Criminative or justificative

2. aggravative 2. Exemptive

3. Extenuative

I In respect of the burthen of satisfaction.

1. partitive[?] 1. Exonerative

or -------

II. In respect of rights

1. Collative 1. Ablative

or ---titive or divestitive

FACTS

8. Direct evidence applies to the principal fact: circumstantial to an evidentiary fact p.4

9 Facts ordinary and scientific. p.4

10 Facts improperly distinguished, according to the propositions in which they are

1. positive /affirmative/ or negative p.4

11 - true and false p.4

11(a) Distinction in the Roman law between the fact of the offence (corpus delicti) & and the fact consisting of the personality of the offender p.4.

1 Requiring proof of the corpus delicti is tantamount to requiring real evidenvce in addition to personal.

2 Facts general & particular

3 ---tions of opinion included under the notion of facts. The ---- was the cause of the death

4 Any thing which in the subject of ----- may be termed a fact.

5 Facts are ------ by words - i.e. by terms. Individuation of

6 Facts Facts --- transient (most facts).

- 2.Continual ex gr. identity - local circumstances 3. ------- ---- ----- ---- = concealment

7. 1. Provable by direct evidence - ex gr. materially

2. not except by circumstantial evidence - positively

8 1. ----

2. content[?]

1. -----

2. General

*7 10 Principal fact 1. the aggregate 2. the component or ------ facts of which the aggregate is composed --- ------ ----- ----- is always -------.

F Before the distinction between principal and evidentiary, state that between permanent and ------ permanent appear most susceptible of permanence; ------, unsusceptibel of do.

I. Permanent

1. Relative ---- as between body & body

2. Continued forms, colours &c

3. Continued existence of any object

II Impermanent

1. ---- --- ----

2. Action

3. Past existence of any object

Facts considered without reference to law = not legally operative

2 - with reference to do = legally operative:

12 Fact x law

F Analyse ----- of ---- to shew the facts in it.

Facts psychological are

1. Consciousness with reference to this or that other fact -----

2. Intentionality with regard to acts and effects -----

3. Motives - obedience to this or that motive or mass of motives or preponderant mass or lot of motives.

Facts psychological

1. Individual (as above)

2. General (in point of time) as habits from --- ---- not ----- (---) dispositions (future provable facts) including affections, -----, virtues, vices &c.

13 Dec. 1808 distinctions in regard to facts.

1. 1 ----- x state of things. Events. 1. Acts: 2. Events at large

2. Facts positive or negative: positive existence of events &c. negative non-existence

1. Facts are positive or negative: positive existence; negative non-existence, of some entity.

2. ------ natural 2. ----: ---- correspond to to denominations[?]

3. ------- are 1. physical 2. psychological

4. Physical are 1. things or any -------

5. ------ ----- are 1. of the 1st order 1. states /-----/ of things 2. Events = -------

6. Events are 1. Acts (corporal) 2. ---- at large

7. 2. of the 2d order

1. ------

2. Relations

3. Qualities

048-126.xml

Title: [23 Aug 1804 Evidence Circumstantial]

Description: 23 Aug 1804

Evidence

Circumstantial.

Ch Application

5. Nor therefore can it be said of any species or article of circumstantial evidence that being but one it is therefore inclusive.

6. Nor of any number of species or articles of circumstantial evidence, that being in such a number, the body of evidence they constitute is conclusive

7. No article of or mass of evidence can justly be deemed conclusive, if upon the supposition of any other event the possibility of which is out of dispute, the /inference/ conclusion from the existence of the evidentiary fact to the existence of the principal fact be seen to fall[?].

8. The /[...?]/ great use made of circumstantial evidence, is to infer the existence of a psychological fact from that of a physical fact: i.e. gr.[?] /viz./ to infer intentionality or consciousness from external behaviour.

9. A single instance of behaviour - a single act (positive or negative) done by a man in a given set of circumstances - on a given occasion - in a given state of things - may, in the individual case in question afford a mass /lot/ of evidence satisfactory, conclusive, in a degree sufficient for /to[?]/ practice - to warrant a judicial decision to this or that effect - in that individual instance.

048-097.xml

Title: [30 Oct 1803 Evidence Circumstantial]

Description: 30 Oct 1803

Evidence

Circumstantial

in general

Continuation

In all these instances the psychological fact - the state of the mind is the only fact (it will be seen) that has any intrinsic importance. But as the state of one man's mind can no otherwise be made known to any other man than through the medium of some external physical indications, in all these instances it is the physical evidence, and that alone, that constitutes /is/ the object unavoidably[?] presented to the senses /[...?]/ /cognizance/ of a disposing witness or the Judge. In all these cases therefore we see not merely a single link of evidence, but a chain, whole[?] chain of evidence though that as short a one as a chain can be, of evidence. To the senses of the Judge are presented without the intervention[?] of any other object /medium/ different /sundry/ articles of physical evidence - the physical appearances durable or non durable of which the vocal language, the written discourse, the countenance the gesture, the deportment, the course of proceeding of the individual in question is /are/ composed: from these physical indications, in virtue of a propensity so frequently called into action as to have become as it were /in a manner/ instructive, inferences are drawn by the Judge affirming on the part of the same individual the existence of some psychological fact, intention to act or consciousness of intention according to the nature of the case. In the case of those modifications of circumstantial evidence that stand distinguished by the title of prudential, this psychological fact is an act of intentionality: in those which stand under the head of subsequential, /it is an exemplification/ an act of consciousness - inculpative criminal consciousness in a penal case, if the case be a penal one; inculpative criminal consciousness - consciousness of the existence of these circumstances by which the physical act is invested of the character of an offence /a crime/.