12 April 1805

Evidence

Source

Ch Procedure Technical

''. Conclusion

Of the natural system, as above described of the natural system considered with reference to the main end of justice, [...?] of decision - to develop the features of detail will be the business of the present work and of the present book. To contrast with it the corresponding features of the technical system in relation to the same points /end/ will be the following[?] business of the present work and of the present book: for us, os far as the question of fact is concerned right decision as far as human frailty permits is the natural fruit of a rational arrangement /set of arrangements/ /system/ in relation to the law of evidence, so on the other hand is mis-decision the natural result of an irrational one.

To exhibit /delineate/ a view of the natural system in any ulterior point of view - to delineate /represent/ /exhibit/ it in its application to the collateral ends of justice - avoidance of delay, vexation, and expense does not fall within the design either of the present book or of the present work, any further than for the full /compleat/ exhibition of it in the main point of view, the partial exhibition of it on that collateral point of view may occasionally be necessary.

To exhibit the technical system professedly on this collateral point of view will for the same reason be beside the purpose of the present work as well s the present book: at the same time so intimately blended are the several objects corresponding to the several ends of justice, that an occasional reference to the topics of delay, vexation and expense, and with it a partial delineation /exhibition/ of the way in which these inconveniences have been produced by /grown out of/ the technical system will every now and then be inevitable. To interest the topic of exclusion. To the promotion of misdecision exclusion of evidence, it will be shewn [...?] not in any case be conductive: but with relation to the promotion of a preponderant measure of delay, vexation and expense, it will in many cases be not only conducive, but even elegible upon the whole elegible and even to such a degree as to be unavoidable.