JB/047/331/001

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24 Novr 1811 Ch. 10 §. 2
Evidence

§. 2. Extraction should not be severed from decision.

Collecting and extracting extracting and collectingSuperintending, at the very time of extraction, the extraction of the evidence, which
is to form the ground of the decision, and forming the
decision which has that evidence for is ground – as between those two operations
so intimately so intimate is the connection, that without considerable danger
of misdecision they can not, (reason they have already been seen to respect) be served, and allotted to
different minds. The one is no less truly effectually a judicial function
than the other:⊞ ⊞ By any
deficiency, in respect
either of skill or probity,
on the part of him, by
whom the grounds for
the decision have been formed,
the most consummate measure
of both those qualifications
in the breast of
him for which of him, by whom, on those
same grounds, the decision
is pronounced –
may have no better effect
than that of rendering
misdecision the
more sure: – and, whoever is not fit to be trusted entrusted with the
definitive neither is fit to be trusted with the function, it seems not easy to conceive how
preparatory function. The loss of the information afforded he should be fit to be entrusted with that which, in the way that
by deportment has just been seen, is preparatory to it. Where the Judge, by whom a decision on the
evidence is pronounced, was not present at the extraction
of it, the loss, of the information presented afforded by deportment,
creates a deficiency, the importance value of which presents, as already intimated, a consideration,
to the force of which, no preponderant force it
should have, can be opposed.

Where, the judicatory being a many-seated –
(as a mathematician would be glad to say, pity hideous) judicatory
one Judge, having been who, had been silly or alone or with others had
as been employed in the business of receipt and extraction,
is employed with others in the framing of in conjunction with the those, if addition any, and
others in additional number, employed in the framing of
the decision, it may be a question whether under this
palliative the mischief of the severance be diminished
or encreased. Adding with powers to a
number of Judges, whose means of judging are superior,
a number of others with equal powers whose means are inferior, is an arrangement
rest which, upon the face of it, presents no very encreased great probability
of right judicature superior rectitude.(a) (a) Note on the next page

In the case of appeal, if on the question of fact appeal be allowed, this disadvantage must be
submitted to: and, under whatsoever forms, and by whatsoever names,
an appeal on the question of fact is carried on, whatsoever
advantages may be
found attached to it,
will have this disadvantage
to contend with.

Identifier: | JB/047/331/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-11-24	Marginal Summary Numbering	1
Box	047	Main Headings	rationale of judicial evidence
Folio number	331	Info in main headings field	evidence ch. 10
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e1 / f117
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15199
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