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14 Apr. 1803
Ch. 2. Introduction Connection between Judiciary Evidence and Procedure
Put part in definition of Evidence format in the preceding Chapter – applying it
to Religion Physics – Evidence &c
Evidence, meaning judiciary evidence Evidence is the all-comprehensive name given to all any matters of
fact facts real or supposed facts fact, on the occasion of their in contemplation of its
being presented or in contemplation to be presented to
the cognizance of the a Judge, in the view of producing in
his mind, a persuasion concerning the existence of some other fact say for this purpose a principal fact by which supposing the
existence of it established, a decision to a certain effect would be called for at his hands.
his mind a persuasion affirming or disaffirming the
The fact, by which the immediate contemplation consideration of whatexistence of some other principal fact or facts, the effect of
which if believed will be, either to prescribe, or to prohibit, on to call for a decision on
his part, a decision the effect of which will be to subjecting some party
or parties to some punishment or punishments, to conferring
on some party or parties some right, or producing giving birth to both
those effects at the same time.
Of the immediate modifications, the proximate distinctions – of which
a judicial decision is susceptible – distinctions determined by its effects
on the interest of the contending parties – not a view will be given mention will occurr a little further
on.
The exhibition of evidence, though a leading and
principal step is still but one step in the series of
steps or proceedings the regulation of which is the occupation function
of the law of Procedure meaning Judiciary Procedure.
Steps taken in relation to evidence are
therefore but a part, though a principal part, of the
steps taken on both sides on all sides in the career of Procedure.
Regulations made concerning in relation to on the subject of Evidence, are accordingly
but a part, though in importance at any rate
howsoever it may be in bulk but a small part of the
mass of regulations made on the subject of Procedure.
Whatever are the proper ends to be aimed at, and by such in the
regulation of regulations as come to be made on the subject of the course or system of Procedure, these
and no others will be the proper ends to be aimed at, in
and by such regulations as may come to be made on the subject of Judiciary Evidence.
Identifier: | JB/058/014/001 "JB/" can not be assigned to a declared number type with value 58.
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introd. ch. 2 evidence |
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ch. 2 connection between judiciary evidence and procedure |
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jeremy bentham |
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"supposed superseded by the rationale" |
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