JB/047/324/001

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27 July 1812
Evidence Introd

Compleatness of its whole mass is be

§. 2. II. Exclusion put up of evidence – a false Security against deception.

In the character of a security against deception,
putting exclusion upon evidence is a practice, which
appears as yet to have as yet been everywhere
in use: and, in the boundless field of evidence, vast
in the aggregate, prodigiously diversified in respect of the parti
site of the particular spots, is the extent that would be found occupied
by it under the law of whatsoever country may be by this mode of husbandry, even in the regions, which
have found to have made least of it. soever they may be, in which the use made of it has
been least extensive.

What Evidence Exclusion put upon So universally as this arran sort of arrangement has been
received in the character of a security against deception, is not then
is not by deception. If the its to not an that character, (says somebody) a good
one: – If, exclusion put upon false evidence be not a security against deception by false evidence,
what else can be? – In comparison of this, how
precarious are is the effect of all those all other securities put together! Can
a man be have been deceived by evidence which he has neither
has never been present itself presented to his mind? so much
as present to his mind?

No certainly: and so it is, that if no evidence at all
were, on any occasion produced rece admitted, deception
by evidence could not, on any occasion, be produced.

But deception may be, and is produced, _ deception and thence misdecision, – not only by evidence,
but for want of evidence: produced, viz. by false or otherwise fallacious evidence on the other side: or y causing the Judge to not to be believed
the existence of that a
fact, of which that really existing fact, the
existence of which,
had the evidence been
admitted, would have
been believed.

Moreover if on the part of the Judge on the part of the Judge, deception be pernicious, it is so only
in so far as it is productive of misdecision: and if
misdecision itself be pernicious, it is so no otherwise
than in so far as it is productive of injustice: injustice,
viz. of that sort which is stands opposite to the direct ends
of justice, as above explained.

Otherwise If Misdecision be one mode is cause, by which injustice is
produced, non-demand is another. Where a man is
well-assured that the evidence, without which the justice of his demand
can not be made appear, will not be presented, be admitted
in such case, be his demand ever so
just, and the loss of
the object of it ever so
fatal to him, he forbears,
if he be well
advised, to prefer it
present it.

Identifier: | JB/047/324/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-07-27	Marginal Summary Numbering	1-2
Box	047	Main Headings	rationale of judicial evidence
Folio number	324	Info in main headings field	evidence introd.
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7 / e1 / f110
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15192
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