JB/047/271/001

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26 Novr 1811
Evidence

Whatsoever In the case of a judicial decision whatsoever
were the degree of force pitched upon as sufficient and at
the same time permitting necessary, to give to it its legal effect
from the In allowing admitting a man a man to give to place the declared force
of his persuasion any degree of at a
so force admitting him to place it at a
degree as much below above that standard as he pleased,
there would not be and of for no inconveniences could possibly ensue. On the other hand, if
for giving to it a degree of force above the standard an
equal latitude were allowed, no sooner than no sooner a passion did were passion,
in any degree, to enter upon the scene thence an auction would
commence, and to the biddings, for as much as there would be nothing to pay, there would be no end.

Where anything that bears the or means the of consequence name of power
is in question No danger is in be the power nature of it what it may,
not much no great danger is incurred, by allowing him a man to give
to it as little effect as he pleases: allow him to give
as much great an effect to it as he pleases, the consequence and
not be mentioned.

Even where the judicatory has in it but a single seat,
in it, with a view to appeal, a scale of this sort might be not altogether without
its use. Not unfrequently in the Judge's mind of the Judge, so confessedly near to an
equilibrium are the contending forces, that nothing but
the necessity of deciding would have determined the Judge him
to decide on that any man the any side chosen by him, rather that on the other side. Were
Supposing Suppose In this any such case, that were the real degrees of persuasion
suffered to found its adequate expression, the appeal, where proper, would
frequently find not only better encouragement, but more
substantial ground, than if the force of persuasion declared in the established mode, in which
were at the highest point allowed the only degree of persuasion allowed to be declared, is
that to which the highest degree of practical effect is attached.

In the procedure of antient Rome, judicial
profit found practice received a refinement, which has found few or
none to copy it. The Judge in whose mind the grounds
on both sides operated with equal weight, so insomuch that he would not
consistently
consistently with truth,
say that the scale
of his judgement
on with
consequently
with probity
that of a vote to either
side, determinants

by honest declaration turned . Just grounds of decision being to me, I will not decide.

Identifier: | JB/047/271/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-26	Marginal Summary Numbering	6-8
Box	047	Main Headings	rationale of judicial evidence
Folio number	271	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d2 / e2 / f57
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15139
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