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.
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  • Title: [1827 July 15 EVIDENCE Vol.]
    Description: 1827 July 15

    EVIDENCE

    Vol. I.

    Prospective View

    Book I Theoretic Grounds

    Book II Securities for trustworthiness.

    Vol. II

    Book III Extraction of testimonial evidence say elucidation of

    personal evidence.

    Book IV Preappointed Evidence.

    Vol III

    Book V.

    Circumstantial Evidence

    Book VI. Makeshift Evidence

    Book VII. Authentication and Deauthentication of Evidence.

    Vol IV

    Book VII. Causes of the exclusions put on Evidence

    Vol. V.

    Book IX. Exclusion put on Evidence.

    Book. X. Instructions for the Judge as to probative force

    Exclusion &c should have been put first

    Vol. IV The volumes would then have shared this.

    Vol. IV

    Exclusion pp.772

    Vol. V

    Information very 151 exclusion... 457 Causes of

    exclusion 658

    New titles proposed

    15 July 1827

    Vol. I

    Book I. Theoretic Grounds

    Ch. I. Evidence a general or say probative matter

    Ch. II. Evidence to legal purposes. Legislation duties as to

    such evidence

    Ch. III. Facts — subject matter of evidence

    Ch. IV. Evidence — its species

    Ch. V. Evidence — its probative force

    Ch. IV Probative force and justification how measured

    Ch. VII. — its causes

    Ch. VIII Incorrectness in evidence — its modes

    Ch. IX Incorrectness its

    causes

    Ch. X. Incorrectness its

    Ch. IX. Correctness and compleatness and their contraries

    their

    psychological causes

    Ch. X. Correctness and

    compleatness and their contraries — their

    intellectual causes

    Ch. XI. Correctness & their moral causes

    Ch. XII. Judges per suanum — evidence ab

    extra how far necessary to warrant it.

    &c 608 judges say... 48 656

    Vol I Continued

    Book II. Securities for trustworthiness in evidence

    Ch. I. Object of the Book

    Ch. II. Danger to be guarded against.

    Ch. III. Securities internal and external.

    Ch. VI. Internal securities.

    Ch. V. External securities 1. Punishments.

    Ch. VI. — 2. Oaths

    Ch. VII. — 3. Shams

    Ch. VIII. — 4. Writing

    Ch. IX. — 5. Interrogation

    Ch. X. — 6. Publicity and Privacy

    Vol. II

    Book III. Elestation i.e. reception and extraction

    of personal evidence or say testimony.

    Ch. I. Interrogation — oral

    Ch. II. Note whether consultable?

    Ch. III. Interrogation Suggestor.

    Ch. IV. Interrogation

    discorditive

    Ch. V. Interrogation demeanours as to vexatiousness.

    Ch. VI. Orally directed testimony — its notation or say

    recordation.

    Ch. VII. Sole aptest elicitator the deciding Judge.

    Ch. VIII. Interrogation

    five modes compared

    Ch. IX Interrogation

    or say epistolary

    case adopted

    aptly

    Ch. X Interrogation epistolary — how applicable to best

    advantage.

    Ch. XI. Helps to recollection, how far compatible with obstruction

    to inventor
  • Title: [[094-347v] 20 Nov 1805 Evidence]
    Description: [094-347v]

    20 Nov 1805

    Evidence

    Ch. │ │ [...?]

    '. 4. Securities internal[?] and external[?]

    '. 4. Internal Securities for trustworthiness

    Securities derived[?] /afforded/ from the nature of testimony considered in itself may be named /distinguished by the name of/ internal securities. To this head belong

    1. The degree of particularity to which it has descended in manner above described

    2. The permanance of the signs by which it stands[?] expressed[?] in the case where, as above ready written form is that in which it makes its appearance in the first instance.

    3. [...?] in one point of view even the even the circumstance of its having been drawn forth by interrogation may be reformed[?] /ought be [...?]/ to the heads. For though the [...?] is a person exterior to and distant from and exterior to the witness, yet the testimony extracted by the interrogation is the very testimony in question, as much the testimony of the witness as if it were spontaneous,

    Whether other securities are applicable to the purpose may be referred to the head f external securities. To this head belong

    1. The operation /act //[...?]/ of interrogation as above, when considered as /in respect of its/ requiring a person exterior to the witness for the performance /exercise/ of it.
  • Title: [9 Jan y 1816 Jug. True Ch]
    Description: 9 Jan y 1816

    Jug. True

    Ch. Beginning

     Begin a fresh Colum in copying

    § Circumstances probabilizing and disprobabilizing criterions and marks of verity, internal and external—Internal are individualizing circumstances: external are indicative of trustworthiness.

    By the words probabilzing

    circumstances what then ought we to understand?

    In regard to all such facts as it happens to any man to have perception, the nature of the things has furnished certain circumstances which with reference to any statement or report that have been made in relation to them may be termed criterions or marks of verity. Criterionas of verity at any rate: and in case of actual verity, marks. Internal and external—These criterions and eventual marks of verity be they what they may will be found capable of being without improperity referred to one or other of the two classes thus denominated.

    The internal criterions or marks of verity will it is believed be found capable of being comprehended all of them, under the appellation of individualizing circumstances.

    To the head of facts indicative of trustworthiness on the part of the witness or witnesses of all description will it is believed be found referable all criterions or marks of verity other than those for the description of which the appellation of internal has been employed.

    1.

    Criterions and marks of verity, 1. internal. 2. external: criterions are in case of actual verity, marks.

    2.

    1. Internal

    Criterions of verity are individualizing circumstances.

    3.

    2. External criterions of verity are facts indicative of trustworthiness in witnesses (added to probative force of real

    evidence.)