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29 Jany 1812
Evidence
II. Deception favoured; viz. by exclusion put upon the entire
testimony of witnesses in any numbers.
2. In the open mode, by the evidence produced in
the first instance, and afterwards by the publicity given
to the whole case, it will frequently happen – and especially
in cases in the nature of which it is to afford a copious fund
of evidence, of which purpose are the most importance among which those of the greatest those of the most importance are apt to find themselves –
ulterior sources of evidence will be indicated, and, at on
a subsequent occasion, the evidence from these sources
obtained. To exclude all Of the close mode, the exclusion of all such casual and supplemental
evidence is not only the is the fr natural and frequent result, but has been a professed
object.
Note (a)
(a) The reason on which this exclusion is grounded, affords is such as,
of itself a persuasive power affords an indication, of the state of moral
depravation, to which such a system of judicature is calculated
to give birth and continuance. The assumption is, – that,
if the facts which a man wanted to have proved were
known, for the proof of them evidence in an unlimited
quantity might always, or generally, be had obtainable.
Of the true evidence in existence the quantity is
in every case a limited quantity: and, by the exclusion
of an indeterminate and unknown portion of
it, what additional probability of correctness and compleatness
can be given could a man hope to give to the aggregate mass of evidence?
Identifier: | JB/047/353/001 "JB/" can not be assigned to a declared number type with value 47.
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rationale of judicial evidence |
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evidence |
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note (a) |
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d13 / e4 / f139 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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15221 |
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