date

3 July 1812 Evidence Introd
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

    '.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.
  • Title: [3 July 1812 Evidence Introd]
    Description: 3 July 1812

    Evidence Introd

    Introd

    Ch. 23. Technically appropriate

    '.1.

    Such being the proper contents of a book /work/ on the subject of evidence, what is the sort of matter which, and not altogether without use or propriety has been inserted into and formed the latter and greater part of this work, in which, for /with a view to/ the use of the English lawyer, the subject of evidence has been treated of?

    It applies itself not only to this and that species of fact in particular considered in the character of a legally operative fact, but to the mode in which effect which, or proof supposed to be /have been/ made of this or a particular fact of this or that description, has been given to such proved fact, regard being had to his [...?] /nation/ of the instruments as operation or instruments of procedure which under the existing system of technical procedure have been made necessary to the giving in practice that legal effect which to a fact of the species /nature/ in question has been /is/ professed to be given.

    It belongs therefore - not the subject of evidence considered as independent of and separable from the subject of procedure - judicial procedure - but to the subject of judicial procedure, has yet to the subject of judicial procedure in general /at large/, but to the subject of judicial procedure considered in respect of the particular form that has been given to it in the technical branch of that law of procedure which, in England and these other territories /countries/ of which the law of which has been derived from that of England, had been established.
  • 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.