JB/047/325/001

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27 July 1812
Evidence Introd

By non-demand or by and misdecision, as the case may taken together,
be that, of the practice of putting exclusion upon evidence, the effect
is much more frequently to produce than to prevent injustice, – so
much so, that it would be a prodigious benefit to justice if Exclusion
of evidence were, in so far as it takes this for its ground, itself excluded – for ever, and in every instance
excluded – is a persuasion
confirmed by entertained after little
less than fifty years of
consideration, on grounds,
of which a slight
outline will be given
in the present abstract, the
filling it up being
reserved for the body
of the work.

But trustworthiness .... excluding an article of it may be asked) – why
speak him of trustworthiness? – Against deception, yes: but by
evidence can that have ever been considered as affording
whom could can any such conception have been entertained as that
exclusion of evidence can operate as a security for the trustworthiness of the lot
so excluded evidence? – as a security for its title to credence
any more than for its actually obtaining credence?

No certainly: not for the trustworthiness of that the
one that the particular lot of evidence to which, in each the instance
body the is applied in question, the exclusion is applied: for by the exclusion put upon it its untrustworthiness
is always assumed – not for the trustworthiness
of that one lot, but however for the trustworthiness of
that the whole remaining mass, of which that lot, had it obtained
admittance, would have made a part of the whole remaining mass: – if so it
be, that, after the exclusion of whatever articles
have been excluded, there be remaining any others that have
obtained admittance to which admittance has
not been refused.

Identifier: | JB/047/325/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-07-28	Marginal Summary Numbering	3-4
Box	047	Main Headings	rationale of judicial evidence
Folio number	325	Info in main headings field	evidence introd.
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2 / f111
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15193
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