JB/047/393/001

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18 Jany 1812 Ch. 12 §. 2
Evidence Introd

§. 2. Facts principal, evidentiary-probative, disprobative-informative.

2. As to utility – the utility of such a review
of this sort, if it have may, will and will show
itself in one or other of two opposite shapes: upon
alike causing the matter of fact in question be
real true, in causing it the existence truth of it to be believed, or contributing to
cause it to be believed: if it be not true, in preventing
or contributing to prevent it from being believed.
In the first way – in the way of promoting evidence
where due, no very material service seems capable
of being rendered by it. But in the way of preventing It is in such service
evidence as it may be found capable of rendering
towards the prevention of evidence where undue
that its first claim whatever claim it may be found to have to the merit of utility must
rest.

Considered with a view to those opposite effects,
facts, operating in the way of character of articles
of circumstantial evidence, may be divided into
two classes. To those, the effect or tendency of which is to gain
evidence for the principal fact in question, may be
preserved the appellation of positive or <hi rend="underline">probative evidentiary facts</hi>; – as
or say simply of evidentiary facts, as above. As to those a fact of the other class, it
supposes the existence of some other fact in the character of a probative evidentiary
fact, and the effect or tendency of it is to weaken its conclusion the force
of the conclusion the probative force on the strength magnitude of which
the intensity of the persuasion produced by it depends:
reference made to such probative force, call it therefore an informative fact. call it therefore, with reference to such probative force,
an informative fact.

Identifier: | JB/047/393/001"JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-18	Marginal Summary Numbering	1
Box	047	Main Headings	rationale of judicial evidence
Folio number	393	Info in main headings field	evidence introd ch. 12
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e1 / f4 / f165
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15261
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