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JB/047/087/001

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In progress. Last edited by Kdownunder

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Novr 1805
Evidence

A Party's interest is not necessarily the a greater interest that that of an extraneous witness: an
important social interest may greatly preponderate over a slight self-regarding interest.
Suppose a man would give £5,000 say the of his property to save his friend. The interest which
to deposition favour of his friend is stronger than the interest he would have in a man
if therefore below that value.

Though his species of interest ought to be considered as destroying
the competency of a person in the character of a witness, i.e. his fitness the propriety
or legality
If receiving his testimony statements in that character, yet every species of interest ought to be
considered as diminishing his credit – as diminishing the probative
force of his testimony when delivered.

1. Party in the cause. Self-regarding interest created by the situation of being a party
in the cause.

1. The probative force of a party the testimony of a party
is stronger than that of a person altogether divested of interest in the cause
in so far as to all points in respect of which the tenor of his deposition operates
to his prejudice.

For in this case the value of the loss, inconvenience or prejudice operates
as a penalty attaching upon him in case of any such departure from truth
as may have the effect of subjecting him to that disadvantage.

In this case by which by the force of what has be motive is he urged solicited to disclose any
part of that truth which may be attended with so moderate an
effect? Answer Only by In the first place by the general force of the truth-ensuring
motives: 2. by the apprehension of seeing a discredit thrown
upon whatever part of his testimony tends to operate makes in his own favour, by
any such departure from truth as may be observed or discovered in the
course of what he would otherwise be inclined to advance for
the purpose of avoiding to bring to light such parts of his testimony
as operate to his prejudice.

2. The probative force of the testimony is less strong than that of a
person altogether divested of interest in the cause, in so far as the
tenor of his deposition operates to his advantage the advantage of his cause. ☞ Go on but
observe the rudiment at top of the page.


Identifier: | JB/047/087/001
"JB/" can not be assigned to a declared number type with value 47.

Date_1

1805-11

Marginal Summary Numbering

not numbered

Box

047

Main Headings

evidence

Folio number

087

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

jeremy bentham

Watermarks

1800

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

1800

Notes public

ID Number

14955

Box Contents

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