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9 Jany 1812
Evidence
Ch. 5.
Probative force – whence measured – how encreased and – how
diminished
§. 1. Standard quantity – whence measured – Standard quantity.
Such In regard to evidence, such as hath just been seen, being the legislator's
duties, and amongst the the doing what depends
upon his power, – including in a more this case in a
more especial manner his wisdom, – towards preventing
evidence from operating in any case with more either with greater or with less
effect than is its due, hence it is that, as in the
instance of any given article of evidence it is necessary
an object highly desirable have how difficultly
so ever attainable, highly desirable, to know what
degree of probative force is its due the due of that one article of evidence, so (what may be
found somewhat less not quite so difficult) as between two articles
of evidence exhibited in the opposite sides of the cause
to which is the it is that ought to be considered as possessed
of the greatest degree of probative force. This being
the case, a preliminary art, alike necessary to either
purpose, will be seen to be – the fixing upon some desirable quantity
of probative force, capable of being referred to
in the character of a standard quantity, from which,
in every case, as will encrease as diminution, diminution
as encrease, – may be capable of being measured.
If, in this as in so many other instances; the nature of
the case admitts of little precision – if in this as in so
many other instances, ignorance and weakness are the lot of
human nature, it
is not the less needful
to us to make ourselves
as well acquainted
as possible, with the nature
and degree of that ignorance and that weakness.
Identifier: | JB/047/259/001 "JB/" can not be assigned to a declared number type with value 47.
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rationale of judicial evidence |
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evidence ch. 5 |
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ch. 5 / probative force - whence measured - how encreased - how diminished |
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jeremy bentham |
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