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3 July 1812
Evidence Introd
Introd
Ch. 23. Technically appropriate
'.1.
7. Mode of guarding the breast of the judge from the deception liable to be produced by false and otherwise fallacious evidence.
Such are the topics which in respect of their generality presented themselves as [...?] [...?] having a just claim to admission in a work on the subject in general, and in particular such evidence as has for its object a /any/ fact belonging to the class of legally - operative facts.
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Title: [3 July 1812 Evidence Introd]Description: 3 July 1812 Evidence Introd Introd Ch. 23. Technically appropriate In the instance of all these several topics, so extensive is the field to which they every one of them have application, scarce any need or occasion has there been /small indeed has been the occasion which there has been/ to make any particular species of fact in the character of the subject matter of the evidence: and where there has, extensive to a prodigious degree of amplitude has been the species of fact thus brought to view. Under the head of circumstantial evidence for example 1. any matter of fact whatever belonging to the class of physical facts - 2. any matter of fact whatever belonging to the class of psychological facts. 3. On the occasion of a series of [...?] action directed to any one common end, among the matters of fact to which such series of action have given birth any which occupying in the order of time a station anterior to this or that other matter of fact considered as evidentiary of it; and vice versa. 4. human delinquency, in whatsoever shape manifested or operating: 5. on the occasion of a script exhibited in the character either of an instrument of contract or a script at large, the genuineness or spuriousness of the script. Such in every instance is the amplitude, the prodigious amplitude of the only species of facts which in the occasion /in the course/ of a work having for its subject evidence in general or legally operative evidence in general it seemed necessary or proper to bring to view.
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Title: [3 July 1812 Evidence Introd]Description: 3 July 1812 Evidence Introd Introd Ch. 23. Technically appropriate '.1. On this occasion, not to facts of this or that particular description, or not even to legally operative facts of this or that particular description did it seem competent to the purpose to extend the enquiry. Why? - because to such particular facts the enquiry could not be extended without applying /extending/ it to the several rights and obligations to which such legally operative facts respectively bear reference, and which by their mode of operation - by the effect the legal effect respectively given to them, they become by virtue of the dispositions made by the portion of law by which that effect is given to them /as and by which they are thus employed/ respectively constitutive - and if a book having for its contents matter of this description, the proper character and title would have been /be/ a book on the subject of law at large - substantive law - not a book on evidence, confined to the subject of evidence.
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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
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