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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: [[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.
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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.)
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