JB/047/270/001

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Evidence

Testimonial persuasion affirmed

Ch. 6.
Degrees of pro persuasion – thence of probative force – how
expressible.

On he For occasion, and for the purpose, of testimonial deposition for the decision – for the purpose of deposition
the degrees of on the occasion of deposition, the degrees of which persuasion is susceptible in what manner shall they
be expressed? The matters to each mode of expression find expression? – the In answer to this question
in the arithmetical language of the doctrine of chances
mathematical science affords an established, and thence an obvious, mode.
Unfortunately correct as this mode is – and in truth the only
But this though the only correct mode would be incurably
which the nature of the case admitts of, it will presently be
seen to be altogether inapplicable to any judicial purpose. On the affirmative
as well as on the disaffirmative side, on the
mathematical scale of probability the degrees rise above and as well as sink below, one another, on a scale to which there
are no assignable limits. But on whatsoever grounds
formed a scale with at least a fixt top at lest if not with as well as a fixt bottom
belonging to it, if not with a fixt top bottom is absolutely necessary to every legal purpose.
A In every case, on one or other side, a degree high enough to warrant decision
on that side is the one thing needful. in

Higher The In the case of affirmance, for any expression indicative of any degree above
that necessary degree there can not be any use: but on the other hand
for expressions indicative of degrees of persuasion below
that degree, real and substantial uses, it will be seen,
may be found.

In a many-seated judicatory, the different votes
may be are frequently the result of degrees of persuasion widely different.
Were matters so arranged, as that those degrees could each of them
. If this Were those degrees to in find an adequate system mode of
expression in such case what might every now and then happen, is – that
of a decision which, upon the present plan
is by a small majority pronounced pronounced on in favour of the
affirmative side, might in that plan be would on that
plan be pronounced on in favour of the negati disaffirmative side,
and vice versâ.

Identifier: | JB/047/270/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1		Marginal Summary Numbering	1-5
Box	047	Main Headings	rationale of judicial evidence
Folio number	270	Info in main headings field	evidence ch. 6
Image	001	Titles	ch. 6 / degrees of persuasion - thence of probative force - how expressible
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d1 / e1 / f56
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15138
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