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<head>19 Apr 1803</head><p><del>3 < | <head>19 Apr 1803</head><p><del>3 <unclear>Duo statruada</unclear></del></p><p>1. Why evidence in general<lb/>detailed from Procedure.<lb/>Answer. Bulk of the <gap/><lb/> part.</p><p>2. Why some part of evidence<lb/>law <gap/> and posted off to Procedure's<lb/>Ch 12 Connections.</p><p>1. Evidence <add>2</add> Judiciary,<lb/>extent</p> | ||
<p>3</p> | |||
<p>2. The subject of evidence<lb/>a branch of that of<lb/>procedure</p> | |||
<p>2. System of procedure defined</p> | |||
<p>4</p> | |||
<p>3. The ends to be aimed<lb/>at are therefore no other<lb/>than the ends of procedure</p> | |||
<p>4. Ends of procedure<lb/>enumerated</p> | |||
<p>5. Though some apply to<lb/><del>Evidence objects with</del></p><p>6. Three problems for the<lb/>legislator in regard to<lb/>evidence<lb/>1. that there be enough<lb/>2. ____ <add><gap/></add> <gap/><lb/>3. that it be well <del><gap/></del><lb/>2: e: that the law should<lb/>have the best chance, the <gap/><lb/>the worst possible of being believed.<add>+</add></p> | |||
<p>7. To provide further proof<lb/>belongs to procedure.</p> | |||
<p>8. For to the 2<hi rend="superscript">d</hi> to evidence<lb/>and comes in here</p> | |||
<p>9. Evidence likely detached</p><p>10. Much belongs to it, <gap/><lb/>to procedure</p> | |||
<p>11. In the 2<hi rend="superscript">d</hi> problem<lb/>much speculative matter<lb/>is involved</p> | |||
<p>12. This speculative matter<lb/>is the subject of this <lb/>work, with so much<lb/>only of the practical as could not be separated<lb/>from it.</p> | |||
<note>6*<lb/>Ends of Procedure</note><p>Ch.3. Plan of a work<lb/>A main result of this<lb/>enquiry</p> | |||
<p>1. No exclusion<lb/>2. Rules for weighing<lb/>evidence<lb/>3. Habitudes of English Law<lb/>on those points<lb/>Plan of the work — wide<lb/>exemplifications pointed to those<lb/>2 results.</p><pb/><head>Connection</head><p>1.<lb/>Evidence judiciary<lb/>what in its most<lb/>comprehensive <gap/><lb/>including both sides<lb/>of the cause and<lb/>both sorts of causes<lb/> penal & non-penal.<lb/>p.1</p> | |||
<p>2.<lb/>Connection of the<lb/>subject of evidence<lb/>with that of Procedure.<lb/>p.1</p><p>3<lb/>The ultimate object<lb/>in view here is purely<lb/>practical.<lb/>p.2</p> | |||
<p>4<lb/>But much speculative<lb/>ground must<lb/>be travelled over for<lb/>it to be attained<lb/>p.2</p><p>5<lb/>Fundamental principles<lb/>of regulation<lb/>the same in Procedure<lb/>as in Evidence.<lb/>p.2</p><p>6<lb/>They will therefore<lb/>be requisite to be exhibited<lb/>here.<lb/>p.2</p><p>7<lb/>Posted off to Procedure<lb/>will be<lb/>1. Such matter of<lb/>Procedure as concerning<lb/>not Evidence.<lb/>2. Same portions<lb/>which do concern<lb/>it viz the practical<lb/>part.<lb/>p.2</p><p>— here none touched<lb/>upon but the speculative. p.3</p><pb/><head>Connection</head><p>8<lb/>To <hi rend="underline">procedure</hi> will<lb/>be posted off all such<lb/>matter as concerns<lb/>the steps to be taken<lb/>in that course<lb/>such not excluded<lb/> as bear an immediate<lb/>relation to Evidence.<lb/>p.3</p><p>9<lb/>This arrangement<lb/>agrees nearly with<lb/>that of the existing<lb/>work on Procedure<lb/>& Evidence</p><p>Books on evidence<lb/>contain as here no<lb/>more than the speculative<lb/>matters belonging<lb/>to evidence<lb/>the exhibition of the<lb/>steps to be taken<lb/>in relation to Evidence<lb/>is left to Procedure.<lb/>p.4</p> | |||
<p>Ends of <gap/><lb/>1. <hi rend="underline">Inconveniences</hi> to those that<lb/>are liable to take pleasure<lb/>in a system of procedure,<lb/>so and so: <hi rend="underline">Ends</hi> of a<lb/>system of procedure the endeavour<lb/>of those several<lb/>inconveniences. Properties<lb/>to be wished for in a system<lb/>of Procedure — its <gap/><lb/>to those ends.<lb/>Objects exposed in a positive<lb/>affirmative language</p><p>1. Rectitude of decisions<lb/>2. <gap/><lb/>3. Economy, cheapness<lb/>4 Promptitude of decisions<lb/>or making of decisions<lb/>5. Simplicity</p><pb/> | |||
<p>1. Evidence judiciary<lb/>defined<lb/>2. System of procedure<lb/>defined<lb/>3. Evidence a topic<lb/> belonging to procedure.<lb/>1. why detach it &<lb/>make a separate <gap/><lb/>of it<lb/>2. How much of the<lb/>matter of procedure<lb/><gap/> must be directed<lb/> to evidence?</p><p>6 The chance each<lb/>piece has of being believed<lb/>by the <add><gap/></add> Judge, will<lb/>be as the chance which<lb/>in the Judgment <add>opinion</add> of that<lb/>judge <del>the</del> such evidence<lb/>has of being true say<lb/>objective to the conduct of the<lb/>witness will lessen that<lb/>apparent chance.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
19 Apr 1803
3 Duo statruada
1. Why evidence in general
detailed from Procedure.
Answer. Bulk of the
part.
2. Why some part of evidence
law and posted off to Procedure's
Ch 12 Connections.
1. Evidence 2 Judiciary,
extent
3
2. The subject of evidence
a branch of that of
procedure
2. System of procedure defined
4
3. The ends to be aimed
at are therefore no other
than the ends of procedure
4. Ends of procedure
enumerated
5. Though some apply to
Evidence objects with
6. Three problems for the
legislator in regard to
evidence
1. that there be enough
2. ____
3. that it be well
2: e: that the law should
have the best chance, the
the worst possible of being believed.+
7. To provide further proof
belongs to procedure.
8. For to the 2d to evidence
and comes in here
9. Evidence likely detached
10. Much belongs to it,
to procedure
11. In the 2d problem
much speculative matter
is involved
12. This speculative matter
is the subject of this
work, with so much
only of the practical as could not be separated
from it.
6*
Ends of Procedure
Ch.3. Plan of a work
A main result of this
enquiry
1. No exclusion
2. Rules for weighing
evidence
3. Habitudes of English Law
on those points
Plan of the work — wide
exemplifications pointed to those
2 results.
---page break---
Connection
1.
Evidence judiciary
what in its most
comprehensive
including both sides
of the cause and
both sorts of causes
penal & non-penal.
p.1
2.
Connection of the
subject of evidence
with that of Procedure.
p.1
3
The ultimate object
in view here is purely
practical.
p.2
4
But much speculative
ground must
be travelled over for
it to be attained
p.2
5
Fundamental principles
of regulation
the same in Procedure
as in Evidence.
p.2
6
They will therefore
be requisite to be exhibited
here.
p.2
7
Posted off to Procedure
will be
1. Such matter of
Procedure as concerning
not Evidence.
2. Same portions
which do concern
it viz the practical
part.
p.2
— here none touched
upon but the speculative. p.3
---page break---
Connection
8
To procedure will
be posted off all such
matter as concerns
the steps to be taken
in that course
such not excluded
as bear an immediate
relation to Evidence.
p.3
9
This arrangement
agrees nearly with
that of the existing
work on Procedure
& Evidence
Books on evidence
contain as here no
more than the speculative
matters belonging
to evidence
the exhibition of the
steps to be taken
in relation to Evidence
is left to Procedure.
p.4
Ends of
1. Inconveniences to those that
are liable to take pleasure
in a system of procedure,
so and so: Ends of a
system of procedure the endeavour
of those several
inconveniences. Properties
to be wished for in a system
of Procedure — its
to those ends.
Objects exposed in a positive
affirmative language
1. Rectitude of decisions
2.
3. Economy, cheapness
4 Promptitude of decisions
or making of decisions
5. Simplicity
---page break---
1. Evidence judiciary
defined
2. System of procedure
defined
3. Evidence a topic
belonging to procedure.
1. why detach it &
make a separate
of it
2. How much of the
matter of procedure
must be directed
to evidence?
6 The chance each
piece has of being believed
by the Judge, will
be as the chance which
in the Judgment opinion of that
judge the such evidence
has of being true say
objective to the conduct of the
witness will lessen that
apparent chance.
Identifier: | JB/106/081/002"JB/" can not be assigned to a declared number type with value 106. |
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