JB/047/140/001

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1 Feby 1804
Evidence

16 Decr 1808. N.B. Be the probative force of the evidence for great or
small, the decision is still dependant on it. What is here said of probative force, may it not therefore be omitted?

Ch. 8. Of the causes of persuasion on the part of the Judge, or
of the dependence of decision upon evidences

The use of evidence (it will readily be recognized) and
the only use, meaning legal evidence(a) is the affording a just ground for decision on
the part of the Judge(a): such a ground as shall enable him to
form a decision, and shall render that decision a just decision – a decision not undue:† † See Introd. Ch. Ends

The decision of the Judge, will Upon this view of the matter, the
the decision of the Judge will naturally appear to be dependent upon
the evidence. So will it in a great measure upon the
closest examination: yet not so purely and simply as at
first sight might be supposed. If the dependence were thus pure
and simple, the evidence in each case being given, the decision proper
in that case to be given would be given likewise: as in mathematics the
a triangle the magnitude of one of the three boundaries being given, together
with that of two of the angles, the whole figure is found given as well in
form as in magnitude. That this however is not the case, is perceived understood
as soon as mentioned: since if it were, the demand for the exercise of human
reason on the part of the Judge would amount to little be small indeed
if any thing: whereas that the demand for human reason on the
part of species of public functionary is in general very considerable, is what
never can have been a matter of doubt with any body one. That the
dependence of the decision, that is of the propriety of the decision upon
the evidence is not pure and simple is therefore so plain as to
be scarce worth mentioning: but the degree in which this dependence
is liable to failure fail or being compleat, so far as respects and the causes in which its incompleatness
in the several degrees is produced, these are topics objects not equally obvious.

Note (a)
(a) This supposes what in the occasion on which the evidence is employed or called
for to be that of a suit at law. This sort of occasion, though by far the most extensive
and important occasion in which evidence is employed, is not however the
only one: witness the case where without any dispute, evidence is required to be exhibited,⊞
⊞ to enable a man to receive
money which due to him from
a public office. On this head,
see B. XIII – Evidence sine lite.

Identifier: | JB/047/140/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1804-02-01	Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	140	Info in main headings field	evidence
Image	001	Titles	ch. 8 of the causes of persuasion on the part of the judge - or of the dependence of decision upon evidence
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	15008
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