JB/047/228/001

Click Here To Edit

21 Novr 1811
Evidence

§ 2. Relation of evidence to judicature.

Be the law or portion of law what it may antecedently previous to execution
– if not in form at any rate in effect – if not expressed
in words, declared at any rate by actions – comes decision:
called judicial decision, called in official language called
sometimes judgment, sometimes decree, sometimes – itself, or its difficultly distinguishable consequence by various other
names, such as rule, order, writ, precept, mandate, and the like.

In every instance in which, expressly or virtually,
judgment is thus pronounced, two propositions are
expressly or virtually delivered i.e. viz a proposition concerning
the state of the law, and a proposition concerning the state
of certain matters of at fact: of matters of fact which belong to the
of matters of fact case of and to which the law that belongs to the the of the case is considered as applying itself. On the subject of the state of the law the proposition
has for its ground, the time that is in the case of unwritten statute written i.e. statute law the very words of the law:
of that part portion of the a law, which, on the occasion in question is in question; – in the case
of unwritten law – a this sort of law, of the essence
of law, the supposed purposes of is what as far
of which it is not to have any determinate set of words really belonging to it, the supposed purpose of some portion of written law,
written law which, on the occasion in question, is feigned
or imagined for the purpose.
Thus much as to law: – In relation to matter of fact,
On the subject of the state of matter of fact,
of the matter of fact in question, the decision has
for its ground the evidence(a): the matters of fact which by which term is on every
occasion understood some other matter of fact, which on that
matte same occasion is question presented to the mind or senses of
the Judge, for the purpose of producing in his mind
a persuasion assertive of the existence or of the non-existence of the a
matter of fact first ascertained, as from an by the being which is always some individual
matter of fact, supposed to be of that sort which on the occasion in question the legislator
had is supposed to have had in view.

Note (a)
(a) 1. Judgment ex judicus, or from vices; – 2. from the supposed
notoriety of the fact: 3. from the Judge's private knowledge: – 4. from the
supposed improbability of the alledged fact; – 5. judgment by default,
or from the non-observance of formalities – in all those several
cases the ground of the judgment will be seen to be reducible to the
notion of evidence.

Identifier: | JB/047/228/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-21	Marginal Summary Numbering	1-3, 3a
Box	047	Main Headings	rationale of judicial evidence
Folio number	228	Info in main headings field	evidence
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e1 / f14
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15096
Box Contents