JB/058/012/001

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14 Apr. 1803
Evidence

Of these two propositions, the admission of the second does not
present itself as likely to the attended with much difficulty.
Why? because the same evidence which will hereby be
stated as fit to be rejected by reason of its being needless and
superfluous is already rejected under the existing institutions in the practice of the English law,
under the apprehension of its proving delusive. The principal
example is afforded by the case of hearing evidence: or to
speak more extensively by that species of evidence which in the
nature of the case presupposes the existence of some other
evidence mo better more satisfactory f unlimited to produce
on the part of the judge a greater force stronger degree of persuasion than
itself.

In regard to the former of the same two propositions it may
not be at this early stage of the work inquiry to exhibit
a general view of the medium of proof. It is this, viz:
that there is no species of evidence whatever which for
being false would, if exhibited be more likely to produce give birth to
a wrong decision than not. That of exclusion in all cases
the effect will be to give birth to will, in all cases have a greater tendency
to prevent rectitude of decision than to prevent it: that what
is aimed at the delusion the effects of what it is endeavoured
to prevent by exclusion, will may be combated with more
advantage in the cause of truth by instructions. For That
there are many species of evidence which from their nature
are more particularly exposed to the danger of proving delusive.
But that the danger for obviating the danger of delusion guarding against the delusion with
which those cases are pregnant so far as it can be guarded
against, instructions indicating the source of the delusion
are more advantageous to the cause of truth than exclusion
would be. Even without the any such instructions the success of the delusion
is far from certain, there can be nothing more than a chance in favour of it.
By the help of such instructions as might be given, that chance
would

Identifier: | JB/058/012/001 "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	012	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d12
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18681
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