JB/047/046/001

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29 Mar. 1806
B.1 Ch. 4Evidence

Dune. p.194, 195.

Ch. 4. Species continued – Circumstantial – Indicative – Pre-appointed
Official – Scientific – Simply Indicative – Circumstantial.

The intricate and hitherto unillustrated division unelucidated distinction of
evidence, into original and unoriginal or derivative being thus despatched,
the remaining divisions drawn from the remaining sources
will give us but little further trouble.

The next I shall mention is drawn from the consideration
of which the facts to which the evidence applies:
according as being grounded on derived from the distinction among
in respect of which a the distinction has already been taken
– the distinction between the principal fact and the facts which
in relation to it may be termed evidentiary – by serving as
grounds of persuasion with regard to the existence of it: a
distinction grounded on drawn from the relation which the fact in
question bears to the ultimate object of investigation.
Evidence applying to the a principal fact – or rather to
any one of the principal facts (for it has already been shewn that on the occasion
of each legal demand or action or legal course of investigation
there are always a number of facts alike entitled
to rank as principals) to any one. I say of the
principal facts – inculpative or exculpative in the penal
branch, collative or ablative in the non-penal branch –
without applying to it and tending to produce the a persuasion respecting the existence of it in a direct way and not through
the medium of any other fact is in the language
already in use popular as well as legal use, termed
direct evidence: evidence applying to it through the
medium of another fact which bearing to such principal
fact the relation already expressed by the appellation of
an evidentiary fact – is termed circumstantial
evidence. The persuasion produced with respect to the principal
fact sought is produced not by a narrative relation stating the existence of
fact itself, but by a
narrative stating the
existence of another
fact so connected with
it, as to be a circumstance of it.

Identifier: | JB/047/046/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-03-29	Marginal Summary Numbering	1-2
Box	047	Main Headings	evidence
Folio number	046	Info in main headings field	ch. 4 evidence
Image	001	Titles	ch. 4 species continued
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	14914
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