JB/047/395/001

Click Here To Edit

3 Feby 1812
EvidenceCh. 12. §. 3

§. 3. Of I. Principal fact, delinquency; evidentiary facts, inculpative and disculpative.

I. By one single word delinquency, is brought to view a
class of facts by whi so simple, as to cover the
by the extent one of the great departments, viz. the
penal, into which the whole field of law and legislation is divided.

Taking this for the principal fact – viz. delinquency in any shape – offence – transgression (viz. against the law) in any shape – it is seen
at a glance how simple extensive, and at the same time how important,
his enquiry research into the an object of research,
is afforded by the the aggregate of any such discoverable and expressible
matters of fact, as can be seen to stand bear to it
to be respectively in the relation of probative and disprobative a formative
i.e. as in this case facts or say informative facts, or, to employ the
narrower and more apposite denominations, by which in this case they
may be characterized, inculpative and disculpative,
as such as are inculpative having for their tendency the causing
the a defendant to be considered as guilty, such as are disculpative as not
guilty, in relation to some forbidden act, considered in the character of the principal fact, of whatsoever may be nature in other respects it may happen to it to be.

Note 1(a)

(a) In the case where the delinquency is considered as rising
to criminality (not that between the in this this superior part of the case scale and the inferior part or parts of the scale any precise or intelligible line has ever been attempted
to be drawn) inculpative facts might be
given the denomination of termed criminative; disculpative – with
less felicity – disincriminative; not discriminative, that being already
appropriated to a very
different purpose.

Identifier: | JB/047/395/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-02-03	Marginal Summary Numbering	1, 1a
Box	047	Main Headings	rationale of judicial evidence
Folio number	395	Info in main headings field	evidence ch. 12
Image	001	Titles	note 1 (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e1 / f6 / f167
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15263
Box Contents