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3 July 1812 Evidence Introd
3 July 1812

Evidence Introd

Introd

Ch. 23. Technically appropriate

A question properly belonging to the subject of evidence is a /that sort of/ question of the number of those questions which are equally liable to have place under the law of one political state, as under the law of any other political state: under one body of substantive law as under any other body of substantive law.

The questions which under English law as it is /in its present barbarous state/ belong to the head of technically appropriate evidence are questions that could not in the first place be found to have place under the law of any political state but England.
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  • Title: [3 July 1812 Evidence Introd]
    Description: 3 July 1812

    Evidence Introd

    Introd

    Ch. 23. Technically appropriate

    A question belonging to the head of technically appropriate evidence is a question that could not have existence over the rule of action real not imaginary consigned to a determinate form of words, not left to be /instead of being/ expressed by each person in his own words at a venture
  • Title: [3 July 1812 Evidence Introd]
    Description: 3 July 1812

    Evidence Introd

    Introd

    Ch 23 Technically appropriate

    '.1. Sketch Law

    Of technically appropriate evidence: i.e. of evidence considered as regulated by the pleadings and other proceedings in the case.

    '.1. Technically appropriate evidence under statute law.

    After all that, in the course of this work, hath as yet been said on the subject of evidence though now brought to a close - a conception which by a professional reader at least will be apt to be entertained, is - that of the proper field of evidence a full moiety remains still unvisited.

    But if of this supposed remaining moiety the particulars be looked into, it will be found that if it can not be said of them with strict truth that of the questions /subjects therein touched /treated/ upon there is not one that bears any relation to evidence, yet at any rate that there is not one of them the mention /consideration/ of which could with propriety find a place in a work which, like the present one, has for its subject the nature of evidence considered as such and without reference to the nature of the particular fact individual fact or sort of fact /individually or specifically considered/ to the proof or disproof of which it is desisted.

    The question whether heat be itself a particular sort of body, or only a mode of being of which all bodies are susceptible, is a question of evidence, since it is in the ground of evidence that it is discussed, and by the light of evidence, if ever, and by any thing, that it will be determined. But this being admitted, it is a consequence that will not follow is, that the question whether heat be a body or no is a question fit to constitute part of the contents of a work on the subject of evidence.
  • Title: [3 July 1812 Evidence Introd]
    Description: 3 July 1812

    Evidence Introd

    Introd

    Ch. 23. Technically appropriate

    '.1.

    What then re the contents of that part of an English law book on the subject of evidence which treats of technically appropriate evidence what there are /of the nature of/ the contents - what the description of the sort of questions treated in it?

    The answer is - they may be distinguished into two classes.

    1. One class is composed of questions that are altogether questions of law not having any thing to do with evidence as distinct from evidence as it is possible for any question of law to be

    2. The other class is composed of questions relative to the effect proper to be given with reference to the principle fact in question, to this or that fact the proof or establishment of which by sufficient evidence is supposed, or the character of an evidentiary fact - an article of circumstantial evidence.