JB/058/017/001

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19 Apr. 1803
Evidence

On a general survey of the subject, very obvious but those two leading observations
here present themselves on every occasion: One is, that judicial decision, and consequently
the chance in favour of rectitude of decision depend altogether
upon evidence: no evidence, no decision; no decision, no justice.
The other is, that though truth itself exists but in the degree
and there is no in the instance of each assignable matter of
fact there is no medium between its being true and not true,
yet nothing can be more various than the degree of the persuasion
which the one and the same piece of evidence is capable of producing – the degree of effective force with which it is capable of acting
on the mind. A third is, that the desirable result to be desired –
to be desired for the sake of the interests of truth and justice, is –
that whatever in the instance case of each species and individual
lot of evidence, whatever be the probability it presents of being
conformable in exact conformity to the truth – an exact picture of the matter of fact in question
correspondent the in exact correspondence with the degree of
probable truth verity should be the effective force with which it acts operates
upon the mind of the Judge.

That the testimony of an individual, if there such there were in existence
concerning whom a man perfectly acquainted with his char existing situation
and character as exhibited by his conduct throughout life, should be
warranted in pronouncing that his testimony, after every thing
that could be done to situation secure its conformity to truth
presented no chance at all of maintaining exhibiting such conformity
nor so much as of affording assistance to nor of assisting the judgment of the Judge in another shape – viz.
by serving were by its mendacity as evidence is capable of
doing were by its mendacity to oppress the mind in the its investigation
of the truth – that such a testimony I say should
not meet with any credit whatsoever, should not act with any effective
force whatever in the mind of the Judge: and that in
a

Identifier: | JB/058/017/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1803-04-19	Marginal Summary Numbering	1-3
Box	058	Main Headings	evidence
Folio number	017	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public	"superseded by ch. 3 general rationale? or ch. 1 the relation?"	ID Number	18686
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