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4 Dec 1811
Evidence
§. 2. Sources of encrease –
As to encrease and encrease and superiority
consider now by which means it is that, to the standard
degree of probative force, as thus described, any
addition can be made.
1. In regard to the quality of the source, the degree one means by which
of probative force may be added is capable of being added to it is – by substituting
to the declaration of this unknown person, the d a
declaration, to the like same effect, made by a person selected(a)
for this purpose, in contemplation, and under the persuasion,
of a superior degree of relative trustworthiness
as existing in his instance.(a)
2. Another obvious and much less questionable mode is – by adding to the
number of the persons, in whose declarations in supposed relation to
of the supposed matter of fact are exact coincidences has
had pleasure(a) manifested itself.(a)
3. In respect of propinquity with relation to
source of perception, of the probative the pre-evidence or blame described
if the narrative witness as above described was himself the
percipient witness, to whose senses the perceptions in question manifested themselves, probative force
admitts not, it is manifest, any coercion.
Decreases, indeed on the other hand, it will be found to admitt
of, and to any imaginable degree: viz. by in
supposed the case where the perception matter of
fact, the perception of which is thus expressed, is, by the person by whom it is expressed
stated as a perception of his, but having been perceived – not by himself
a perception the narrative witness but by some other person or persons(b), on
whose reports made as from a whose credit the existence
of the supposed matter of fact is thus covered.(b)
Notes
(a) [selected] Thus one advantage, derivable from the employment of that species
of evidence, of which in Ch. 12, under the name of pre-appointed
evidence.
(b) [person or persons] Between this supposed percipient and the deposing or narrating witness,
any number of supposed percipient and narrating witnesses
may, it is obvious be have been interposed. Further Concerning the of
diminution probative
diminution thus affected in
the probative force this
produced, see Ch.
Makeshift.
Identifier: | JB/047/262/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-12-04 |
1-3, 1a |
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047 |
rationale of judicial evidence |
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262 |
evidence |
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text sheet |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15130 |
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