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23 Novr 1811
Evidence Introd
By oral interrogation in the oral form(a), by interrogation
in the epistolary form(b), or by a any such mixture of the two
as by incidental convenience may happen to have been indicated(c) –
in the nature of the case indicated by any of these
three means, – in any of these three modes – may evidence –
may testimony – be extracted. How In the body of the work, how to employ each to
the best advantage will be found a principal subject of
enquiry, in the book in the book of which this chapter bears
the title.
Answers received called for extracted impromptuary – called forth
without time allowed for mendacity-assisting invention or recollection –
Question, put singly – Question, deduced from and
grounded on the answers – from those circumstances, which
attached themselves as of course to the oral mode, the efficiency
of that mode of extraction, and, except in particular
circumstances, its superiority over the epistolary mode
will be deduced: its superiority, viz. with reference to the direct
mode of judicature, over and above its more manifest
superiority a with reference relation to the collateral ends of judicature, –
viz. avoidance of delay vexation and expence.
Of the advantages, deducible from this mode of
extraction, a great part, which in some cases will be
in no immediate degree pregnant with instruction, will
be in effect be best, if the Judge, by whom, on the question of fact matter of fact,
the decision is to be pronounced, be not present on the
occasion; – himself a percipient witness of that the
deportment of the person from whose lips the verbal information
is obtained extracted: deportment the mode of expression and source of instruction, by
which, even without the need are the of amusement, without any and
from verbal discourse words, whatever is meant to be extracted communicated is expressed.
Identifier: | JB/047/327/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-11-23 |
3-5 |
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047 |
rationale of judicial evidence |
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327 |
evidence |
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001 |
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text sheet |
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recto |
d2 / e2 / f113 |
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jeremy bentham |
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15195 |
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