16 April 1804

Evidence

Forthcomingness

Ch. 1. Generalia

§.3. Means 1. Powers

In regard to power, the degree and mode in which the party having need of the evidence will be provided with this requisite will depend upon means which the law either employs of itself or what comes to the /much/ same thing, authorises /allows/ him to employ for the obtainment /attainment/ of that end. These means will be either be of a physical or a psychological nature: physical of a nature to act upon body as body; psychological, acting on body through the medium of mind; which is as much as to say motives.

In regard to power the possession of this endowment will be necessary not only for the obtainment of the evidence, where the sources capable of yielding it are known, but also, where they are not as yet the objects of such knowledge, for the obtainment of such knowledge. Power, legal power judiciary power considered as directed to that object may be termed investigational power - power of /power for/ investigation. Of this application of judicial power mention will be made in a /separate/ chapter by itself.