JB/047/267/001

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24 Novr 1811
Evidence

As

Of the measure of probative force in evidence, the description
will be is found to be different, in the case of per
direct, which in respect of the source from whence it issues, is always personal evidence, and as compared
with circumstantial, which, although to a certain
extent, and in particular in so far the instance of deportment,
it may, in respect of its source, be considered as
personal, also will moreover to a considerable extent, belongs
in respect of its having its source in the state of things
as contradistinguished from persons, be found to belong to the category of real
evidence.

In the case of direct personal evidence, in probative force
has for its , supposing, on the part of the matter of fact affirmed, nothing of improbability,
either on a physical or a psychological† † nor any weakness in the force of the persuasion expressed in and by his testimony, score account in the
fact matter of fact affirmed,⊞ the trustworthiness of the
its probative force has for its measure the trustworthiness of
the affirmant: in the case of circumstantial evidence, the
may be said to have for existence of the evidentiary fact being, either
by the perception obtained of it by the senses perceptive faculty of the Judge himself,
or by the report of undisputed unquestioned extraneous testimony placed sufficiently effectually
out of dispute, probative force depends may
be said to depend altogether upon the closeness of the connection,(a) between
the principal matter of fact and the matter of fact which
is considered as evidentiary of it.

Note (a)
(a) [closeness of the connection]
Not that this better expression is exclusively
applicable to the case of circumstantial evidence: since,
in the case of direct personal i.e. testimonial evidence,
it may be said, (it should seem) without impropriety,
that the measure of the its probative force is the closeness
of the connection between the existence of the matter of
fact of affirmed by the individual in question in the character of the principal matter of fact and the
fact of its having
been by him affirmed
in the character
of an evidentiary
fact with relation to
that principal matter of fact.

Identifier: | JB/047/267/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-24	Marginal Summary Numbering	7-8
Box	047	Main Headings	rationale of judicial evidence
Folio number	267	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e4 / f53
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15135
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