6 July 1804

Procedure & Evidence

Evils causes

4th order

'.2 Fallaciousness

2. Evil the cause of which is sought - -- 2 evil of the 3rd order

Fallaciousness in this or that article /lot/ of evidence.

I. Personal evidence and written evidence

1. Natural causes

1. Influence of the several causes of incorrectness in testimony: which see.

2. Influence of the several causes of mendacity and bias in testimony: which see.

3. Insufficiency of the several causes of veracity: which see.

II. Factitious causes negative.

1. Omission on the part of the legislator to require pre-appointed and thence trustworthy evidence in cases that admitt of such pre-appointment: i.e. of a ----- of witnesses /evidence/ to ---- for the proof of a fact before it has taken place. See

2. Omission on the part of the legislator to make the requisite arrangements for the preserving by registration such evidence as requires to be preserved.

3. Omission on the part of the legislator to ---- for all cases alike (particular cases /specified cases/ excepted, where the evil of vexation and expence would preponderate) that mode of extracting /extraction/ the evidence which is best calculated for rendering it trustworthy: such alone excepted in which the advantage in point of trustworthiness would not pay for the evil in the shape of delay, vexation & expence.

III. Factitious causes positive

3. Positive encouragement given to mendacity by the legislator and under his authority by the judge, in various ways.

Examples

1. Facts known to be false alleged by the judge, under the name of fictions for the grounds and reasons of his decision.

2. Parties /A party/ compelled to exhibit facts notoriously false (also under the name of fiction) on pain of losing his cause.

3. A party allowed to advantage himself in the course of procedure in various ways, by false allegations, without being punished or prosecuted[?] in any way for the mendacity.  Re---- onwards.