JB/058/005/001

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14 Apr. 1805
Evidence

The requisite mass of evidence obtained, and the question of
law out of dispute, the decision follows of course.

Supposing all questions points of law out of dispute, the requisite
mass of evidence being obtained presented – the mass of evidence requisite
to serve as a constitute a proper ground for the decision prayed for – being obtained,
the decision follows of course. On the other hand
two two difficulties, two grand heads of difficulty attend the
presentation of the requisite mass of evidence thus described.
One is the general difficulty as above stated which opposes itself
to the presentation of evidence in all cases: – the difficulty
of obtaining it for that purpose. The other difficulty obstacle is –
the difficulty of it determining in each case whether the
mass of evidence presented in each case instance comes under the
description of the a requisite mass of evidence.

Two grand functions operations – two fundamental and all-embracing
tasks present themselves in this point of view to the
legislator: in the first place so to order of matters that so far as the nature
of things admitts, the requisite mass of evidence shall be
forthcoming and presented in the next place, that whatever
mass of evidence is comes to be presented to the Judge under the notion of
its constituting with reference to the point in question the requisite
mass of evidence, shall operate upon the mind of the
Judge in that ad hoc behalf with its due and no more than its due
portion of persuasive force. To find out the ingredients of such in each instance
the requisite mass of evidence or including such ingredients of it as are the case
happens to furnish to be had is the task that falls naturally to the share of
the parties, and but in a more especial manner to that of the
plaintiff:† † Departation to shew that justice is generally on the plff's side. what they stand in need of is the mass of legal powers
requisite for the purpose. is and For this it is that they depend their dependence is upon
the legislator:⊞ ⊞ whose assistance in that behalf commands and includes that of the Judge. and to supply them with this requisite stock of powers
is the principal and most efficient of the two services, with the rendering which
on this occasion as abovementioned, in point of moral duty, he stands charged.

Identifier: | JB/058/005/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1803-04-14	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	005	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	18674
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