1
results found in
24 ms
Page 1
of 1
14 Apr. 1803
Evidence
Object
Supposing all questions /points/ of law out of dispute, the requisite mass of evidence being presented - the mass of evidence requisite to serve as a /constitute a proper/ ground for the decision prayed for being obtained, the decision follows of course. On the other hand two difficulties two grand heads of difficulty attend the presentation of the requisite mass of evidence thus described. One is the general difficulty as above stated which opposes itself to the presentation of evidence in all cases: the difficulty of obtaining it for that purpose. The other difficulty /obstacle/ is the difficulty of determining in each case whether the mass of evidence presented in each case /instance/ comes under the description of the /a/ requisite mass of evidence.
Two functions /question/ - two fundamental and all embracing tasks present themselves in this point of view to the legislator: in the first place so to order matters that so far as the nature of things admitts, the requisite mass of evidence shall be forthcoming and presented. in the next place, that whatever mass of evidence comes to be presented to the Judge under the notion of its constituting with reference to the point in question the requisite mass of evidence, shall operate upon the mind of the Judge ad hoc in that behalf with its due and no more than its due portion of persuasive force. To find out in each instance the requisite mass of evidence or including such ingredients of it as are to be had /the case happens to furnish/ is the task that falls naturally to the share of the parties, and /but/ in a more especial manner to that of the plaintiff:+ what they stand in need of is the mass of legal powers requisite for the purpose. For this it is that they /their dependence is/ upon the legislator: whose assistance on that behalf commands and includes that of the Judge. and to supply them with this requisite stock of powers is the principal and most efficient of the two services, with the rendering which on this occasion as abovementioned, in point of moral duty, he stands charged.
+ Deportation[?] to show that justice is generally on the plff's side.
for the purpose of the opposite decisions respectively contended for by them.
Similar Items
-
Title: [14 Apr 1803 Evidence Object]Description: 14 Apr 1803 Evidence Object To determine within himself with what degree of persuasive force the mass of evidence presented /actually exhibited/, and each component part of it shall be suffered to act upon his mind is on this same occasion the peculiar province of the Judge. To present to his cognizance such considerations as promise to be of use in respect of the assisting the Judge in the formation /framing/ of this /such/ determination, and resting it upon just grounds is a correspondent duty which presents as competent to the legislator acting within his sphere. On this general survey of the matter the whole of what is to be done or said on the subject of evidence presents itself as capable of being included under two grand problems. 1. How to order matters so that in each instance at the properest[?] that is the earliest point of time, in so far as the nature of things admitts the mass of evidence requisite to the formation of a just decision+ shall be presented /present itself/ to the Judge. 2. How to order matters that the mass of evidence presented on each occasion on both sides, shall operate on the mind /persuasion/ of the Judge with neither more nor less than its proper weight than the weight which properly belongs to it. + i.e. such a decision as in the case in question shall have the effect of the fulfilling in /to/ the utmost possible degree of perfection, the prediction delivered in that behalf by the substantive branch of the law.
-
Title: [14 April 1803 Evidence Object]Description: 14 April 1803 Evidence Object Of these two problems the solution of the first will readily enough be understood to belong to the topic /subject/ of Procedure. Why? because the providing for the presentation /exhibition/ of the evidence to the cognizance of the judge requires a multitude of preliminary steps which on the first mention of them will be found to occupy a place, and that a principal one, in the series of steps of which the course /system/ of Procedure is composed. 1. How to trace out and discover such pieces of evidence whencesoever furnished whether by things or persons i.e. witnesses as the nature of the case promises, from[?] the complexion of it, to afford. 2. When found, how to guard it against the danger of being lost before the time comes for the presentation of it to the Judge. 3. When found to exist, how to cause it to be forthcoming. 4. Witnesses forthcoming, how to make sure of their deposing. 5. Witnesses forthcoming and deposing, how to make sure if possible what they depose shall as far as [...?] within their respective cognizance be the truth, the whole truth and nothing but the truth. Of these problems - not to mention other intermediate or incidental ones the solution for the reason just mentioned will be seen at first glance to belong to the subject /system/ of Procedure. Why? because on each occasion for the solution of each problem /of these subordinate problems/ some fresh step /fresh steps/ appears /presents itself/ as requisite to be taken and these on each such occasion different ones - to be taken by or on behalf of or at the instance of one or other party, in virtue of powers given by the legislator, by or under the authority of /from/ the Judge.
-
Title: [25 Apr. 1804 Evidence Forthcomingness]Description: 25 Apr. 1804 Evidence Forthcomingness Ch. 1. Generalia ยง.1. Objects On this head, on each occasion the object in view - [...?] desideratum - the problem, is - how to exhibit /present/ b in a condition/ to present to the sensible faculties, and thence to the psychological cognizance, of the Judge the evidence, of what nature soever, of which the party in question, and in the first place the pursuer stands in need for supporting his claim, for making out his title to that service at the hands of the Judge - to that decision which he looks upon as his due. The presentation of the evidence itself to the senses of the Judge in each instance is the final result - the ultimate object of whatever steps are taken in relation to the evidence. But to produce this final result in respect of the evidence itself, two preliminary operations are necessary to be performed /conditions must necessarily have place/ in relation to the object be it person or thing which is the source of the evidence thus to be presented.
1
results found.
Page 1
of 1