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9.
in question may go unpunished: that, the general
threat of the law in question may in
the instance in hand go unexecuted.
10.
The mischief of receiving evidence if
voluntary, or of compelling it if involuntary
may in certain cases rise to such a degree
as to equal or exceed the mischief
of such a chance of†† proportion of the danger of impunity as the
results from the acquittal of the transgressor.
11.
Under one and the same term Evidence
are perpetually confounded two distinct
things articles of consideration: 1st the phenomena
themselves that are attested (i:e: judicially
related) 2dly The person who attests
them.
12.
Signs of Phenomena are either words
or tokens. Words are either spoken
or written, either sounds or characters.
When they are sounds, they are explained
by the gestures of the person whose
sounds they are. there are other signs that are concomitant: i.e. these gestures. When characters
the gestures are not apparent: then, characters
are the sole signs.
These characters The and operation given to these characters
is given to them as the expressions of the
ideas of the person, by whom they purport
either to have been made or to have been adopted.
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13
That check My striking a man with my hand
is an a specific action: with my hand, a specific circumstance
individualizing on the face, another circumstance of that action. That his face
looked black and swollen, an aspect:
another circumstance of that action: that blood gushed out of his nose and
mouth, an event: All or any of these
are phenomena, since all or any of
these are many, that might appear
Phenomenon is appearing: and it comes
from to appear.
To say that I did strike the man when
I did strike him is to speak truth
Sensible objects suggest ideas &c.
14.
For written Evidence, Gilbert and other
Lawyers establish a whimsical scale
of probability. The probability of a writing
being the original writing or the true copy of
the thing it purports him whose writing or the copy of whose
writing it purports to be, they estimate not
from the circumstances of the individual writing in
question, but of the sort of writing instrument it purports
to be: and of its being the sort of writing, by it
purport purports to be, by the dignity of
the person whose the expression of whose mind it purports
to be. That an instrument purporting
to be an expression of the Will of
the Legislature, is such an expression
of the will of the Legislature they is a
proposition they place highest onat the very summit of the scale
of probability: that an instrument thatpurporting
written by to be an expression of the Will of
Evidence: Beginning Fundamental assumptions. II.
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