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2 Novr 1811
Evidence Introd.
§. 9. VI. Principal fact, spuriousness or unfairness; of a contract or instrument, evidentiary probative fact, non-observance of formalities.
Principal fact – On the part of any written document instrument,
purporting to be designed to give expression to a
contract, (taken in the largest sense of the word contract) –
to an agreement, a conveyance, or a testament – last will
principal fact either unauthenticity or unfairness: – evidentiary fact, – fact regarded taken
as conclusively disprobative probative of unauthenticity
of unauthenticity or unfairness, non-observance of formalities.
In point of reason and justice, on this ground and
stands the operation of nullification, so freely applied no other, stands the host of nullifications so plentifully pinned down upon,
and with so little or such ill-directed thought applied
to those bonds of society by learned hands: how weak that
ground, it and how powerful strong the information force of the facts
in considerations, which, in the character of informative facts
rise up in opposition to the , as drawn inference deduced from it,
will be seen under another head are questions which
will be brought to fuller view under another head.‡ B. VI. Preappointed
B. and Preappointed-Exclusion
Laying aside a species of indication thus
inconclusive, On on the part of a written document of any kind, for what
be to be presented exhibited as being of antient date – what
more than evidentiary other facts does the nature of the case afford,
capable of operating in the character of evidentiary
facts disprobative of its authenticity? – and in particular
in the case of an instrument of purporting upon the face of it to
be, or presented exhibited as being, of an antient date? – To this
To afford assistance towards the finding answers in every case to these
questions, will be seen to be is, in the body of the work, the business of one or two
parts of a short Book.† † V. VIII. Authentication and Deauthentication.
Identifier: | JB/047/407/001 "JB/" can not be assigned to a declared number type with value 47.
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1811-11-26 |
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047 |
rationale of judicial evidence |
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407 |
evidence introd. |
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001 |
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text sheet |
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d17 / e1 / f18 / f179 |
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jeremy bentham |
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