date

3 July 1812 Evidence Introd
3 July 1812

Evidence Introd

Introd

Ch 23 Technically appropriate

Of the subjects which seemed with propriety to belong to the design of a work on Evidence the following is if not a /an altogether/ compleat list, at any rate, a very extensive sample /ample [...?]/ - 1. Probitive force in what way capable of being measured by what circumstances encreasaed and by what diminished - 2. Causes of trustworthiness and untrustworthiness, in witnesses thence of belief and disbelief - 3. Securities for trustworthiness - 4. Mode of making use /application/ of these securities to such their purpose, on the occasion of the reception and extraction of evidence by judicial authority - 5. Circumstances by which the probative force of a species of evidence is diminished - viz such as the comparative untrustworthiness of the source - the remoteness of the evidence in question from the /its supposed source - viz. the seat of supposed perception/ source - the circumstance of it not having been subjected to the docimastic action of the securities for trustworthiness and the circumstance that as in the case of circumstantial evidence of the fact directly spoken to by the evidence is not the very fact in question, but some other fact, from its supposed connection with which the existence or non-existence of the very fact in question is inferred. 6. Means proper to be taken for securing the existence of evidence, evidence /means/ properly adapted to the purpose of securing in the breast of all persons whom it amy concern a belief /the persuasion/ of the existence of all such facts of which for the purpose of giving due effect to such rights and obligations as the legislature has thought fit to create it is necessary that a persuasion of their existence should be entertained.
Similar Items
  • 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: [1827 June 21 EVIDENCE Titles of Books]
    Description: 1827 June 21

    EVIDENCE Titles of Books and Chapters

    Book I. THEORETICAL GROUNDS

    Ch. 1

    Of Evidence in general.

    Ch. 2

    Of Evidence considered with reference to a legal purpose of the legislator in relation to evidence.

    Ch. 3

    Of fact the subject matter of evidence.

    Ch. 4

    Of the several species of modifications of evidence.

    Ch. 5

    Of the probative force of evidence

    Ch. 6

    Degrees of persuasion of probative force, how measured

    Ch. 7

    Of the foundation or cause of belief in testimony

    Ch. 8

    Modes of in correctness in testimony

    Ch. 9

    General view of the psychological causes of correctness, with their contraries, in correctness & incompleteness in testimony

    Ch. 10

    Of the intellectual causes of correctness & completeness in testimony with their opposites

    Ch. 11

    Of the moral causes of correctness & completeness in testimony with their opposites

    Ch. 12

    Ground of persuasion in the case of the judge can decision on own knowledge without evidence from external sources be well grounded?

    B.2

    Ch. 1

    Object of the present Book

    Ch. II

    Danger to be guarded against in regard to

    testimony.

    Ch. III

    Internal & external securities for the trustworthiness of testimony engagements suggested in this Book enumerated

    Ch. IV

    On the internal securities for trustworthiness in testimony

    Ch. V

    Of punishment included as a security for the trustworthiness of testimony

    Ch. VI

    Of the ceremony of an oath confidence as a security for the trustworthiness of testimony.

    Ch. VII

    Of sham confidence as a security for the trustworthiness of testimony

    Ch. VIII

    Of uniting evidence as a security as the trustworthiness of testimony

    Ch. IX

    Of interrogation evidence as a security for the trustworthiness of testimony.

    Ch. X

    Of publicity & privacy as applied to judicature in general and to the

    collection of the evidence in particular.
  • Title: [4 July 1812 Evidence Introd]
    Description: 4 July 1812

    Evidence Introd

    Introd

    Ch. 23. Technically appropriate

    '.1.

    Be this as it may, throughout the whole extent of this field, in every case, some /one/ individual fact at least, it will be seen, is considered as proved: say for example on the plaintiff's side: and then the question is - whether, as the law stands, or is supposed to stand, he should be considered as entitled to the service which he is claiming at the hands of the Judge. Stands so, mutatis mutandis if it be on the defendant's side.