JB/047/409/001

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4 Jany 1812
Evidence

In saying that non-observance of this or that formality
is by this or that Judge regarded or treated as evidence
and that conclusive of unfairness on the part of the contract or spuriousness on the part of
the instrument which is in question, all therefore that on the occasion is
that that if pressed for
tobe , legible and justified on the occasion of one
of exercised Judge were to be pressed here meant to be expressed, is – that if in his refusal to give
effect to it, he were to be pressed for a justification – for such an one as, with reference
to the ends of justice should be a rational and to an
unlearned un-law-learned and uncorrupted mind an intelligible one, if this
sort is the best or only justification, which he would find himself
able to give: in the giving of which justification, sincerity
on his part will be morally possible might in some
instances be morally possible, in others but in other instances would be morally impossible.

I speak here of the Judge or Judges, by which being whom in the first instance
such decisions of the nature here in question, have been pursued on such ground been
pronounced. But (says a well known French proverb)
ce n'est que le premier pas qui coute: and in no
judicature other time of action perhaps, has the truth of the observation received
more simple perhaps such simple exemplification as in judicature. Where,
under the name of deference to authority, or under any
other name, the tendency adoption of opinions without examination,
and upon trust, is made matter of merit, any one
opinion is just as easily adopted as any other:
the highest wisdom takes out the a pride in sinking itself
to the level of the lowest folly: and now it is that self-contradictory
propositions, obtain evidence, and that not merely with as
little difficult, but even with less difficulty, (as it will be seen)
than is experienced by propositions less directly and palpably repugnant
to reason and common sense.

But Concerning the justness of the reasoning, by which
unfairness or spuriousness is inferred from non-observance of formalities
more will come be said
under the head of
pre-appointed evidence.†
† Ch. 14. §. 6.

Identifier: | JB/047/409/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-04	Marginal Summary Numbering	4-5
Box	047	Main Headings	rationale of judicial evidence
Folio number	409	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d19 / f20 / f181
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15277
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