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10 Jany 1812
Evidence
To render the degree of probative force exactly
equal to the degree of trustworthiness ascribed to the
witness two circumstances –
In the case of direct evidence, delivered by two witnesses,
both the of two being percipient witnesses, the degree of trustworthiness
being supposed the same, to render the p
degree of probative force exactly the same, two circumstances ulterior
points of coincidence must have place: –
1. intensity of persuasion, as evidenced by intensity
of averment must, as above, be the same: and 2. in regard to
counter evidence, (under to which head will be seen to be included improbability) there must be either none in
either case, or the same – i.e. operating with the same
degree of probative force, in both cases.
Between What degree of probative force on the part of
the evidence, (the whole mass of evidence being taken together) and intensity of persuasion on the part
of the Judge, the coincidence seems to be compleat:
– and this whether the question be concerning what
is, or concerning what ought to be. To say that the
probative force of the evidence is at such or such
a degree, is to say that, the in the breast bosom of the Judge intensity of persuasion
is at that same degree: to say that such or
such a degree is the proper degree of probative force
properly belonging to the mass of evidence in question,
is to say that, upon the receipt of that same mass
of evidence, that same degree of intensity of persuasion
is the degree which it is pr fit and proper to have
have place in the bosom of the Judge.
Identifier: | JB/047/276/001 "JB/" can not be assigned to a declared number type with value 47.
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1812-01-10 |
1a continued |
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047 |
rationale of judicial evidence |
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276 |
evidence |
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001 |
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text sheet |
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recto |
d3 / e3 / f62 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15144 |
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