JB/058/010/001

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14 Apr. 1803
Evidence

The admission the reception of the evidence being decided
upon – then according to the problem as above stated would come
in its full force – the question to which the decision incurring pronouncing
the admission of the evidence presents, it will may be observed, no answer –
-able the evidence being admitted what shall be the weight – the
degree of persuasive force ascribed to it? But to this second question
no answer is given in any of these books. None by the
legislator. The only question to which in any part of its exist
extent the legislator properly so called so entitled intituled is the question concerning
competency as above explained – concerning admissibility – concerning competency
as above explained. Evidence of such and such
a description which by the judicial authority had been pronounced
inadmissible shall be received. Not by the judge judicial
authority standing in the place of the legislature and establishing
exercising authority on the having the effect of legislation
in the way of Common Law. To admitt it
pronounce it inadmissible – to pronounce it admissible – to
pronounce it admissible – such in the exercise of such authorities is the alternative in practice.
Of any third course, no traces are to be found. No third course is taken in either instance. A
third course however has already however at this early stage of the
enquiry – a third course has presented itself as promising to
have its use. This consists in the laying down instructions, for the assistance of the Judge presenting to his view
in the instance of each every such species of evidence as shall be
suffered to be admitted deemed admissible, such considerations as may be of use to
him for the guidance of his judgment in determining adjusting the
degree of force weight to be attributed to it. This howsoever a
task is to both offices in both situations as yet a new one. To that of the
Judge as such the operation function would be incompetent:
it not coming with the sphere of his authority to lay down
general rules as such. To that of the legislator it is alike not
incompetent, so far as competency is regarded as constituted by usage.

Identifier: | JB/058/010/001 "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	010	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d10
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	18679
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