JB/047/295/001

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15 Jany 1812
Evidence

Few things will At this time of day, few tasks would naturally be more difficult, than to that of
satisfy an satisfying the the English lawyer that pleadings, not upon oath
– or, in way a word, that anything, in a word, which in legal
use has been carefully and customarily distinguished from evidence, can with
propriety be termed evidence. But though thanks to
his ingenuity, so it is that pleadings, – all pleadings at least –
are not evidence in name, yet so it is that everything
that goes by the name of pleadings is evidence in effect.
All testimonial evidence is statement – or narration – assertion: everything that goes
by the name of pleadings is so too. Of evidence, the use,
and sole use, is to command decision: – by pleadings
decision is commanded, and in cases, to a vast extent,
and in continual recurrence, with a degree of certainty
altogether denied to evidence.

To the purpose of imposing on the adverse party
the obligation of going on with the suit everything the contents of every instrument
that goes by included under the name of pleadings, how replete soever with manifest falshood are taken for true,
and, as such, without the name, have the effect of evidence.
This effect is but (it may be said) is but provisional: but definitively
and to the purpose of giving to the suit a termination
favourable to the party by whom it the instrument
or operation is exhibited – to the purposes of producing
the same a decision – a decision as favourable to him as would be produced
by anything to which the name of evidence has been left, – to the purpose of producing
and the same self-same decision, that would be produced by which,
favourable evidence evidence favourable to that command, – would supposing the evidence believed
by evidence, supposing it believed would be produced, – it has the effect – not simply
of evidence, but of conclusive evidence: – the party who
fails to meet the instrument in question by some instrument,
that in the appointed , ought be termed which, on the other side, ought at the
at the next step, which, on the other
side ought, in the appointed course to follow it, loses his cause.

Identifier: | JB/047/295/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-15	Marginal Summary Numbering	5, 7
Box	047	Main Headings	rationale of judicial evidence
Folio number	295	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e3 / f81
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15163
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