JB/075/003/002

Click Here To Edit

9.
— question
may go unpunished: that the general
thread of the law in question may in
the instance in hand go unexecuted.

10.
The mischief of receiving evidence if
voluntary, or of compiling it if involuntary
may in certain cases rise to such a degree
as to equal or exceed the mischief
of such a proportion of the danger of chance impunity as
results from the acquittal of the transgressor.

11.
Under one and the same term Evidence
Evidence
{The Fact
{The Relator
are perpetually confounded two distinct
articles things of consideration: 1st the phaenomena
themselves that are attested / : ie: judicially
related) 2nd The person who attests
them.

12.
Signs of Phaenomena 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 where
found, they are. there are other means that are convenient: i.e. these gestures. When characters
the gestures are not apparent: then, characters
are the sole signs.
The operation given to these characters
is given to them as the expression of the
ideas of the person, by whom they purport
to have been made or to have been adopted.

---page break---

Subject-matters
of Evidence exemplified

My striking a man with my handspeake
is an action: with my hand, a circumindividualizing
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 many of these
are phaenomena, since all or any of
these are many, that might appear
Phaenomenon is appearing: and it came
from to appear.
To say that I did strike the man when
I did strike him is to speak truth
for the 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
him whose writing or the copy of whose the thing it purports writing it purports to be, they asctn not
from the circumstances of the individual writing in
question , but of the sort of extraneous it purports
to be: and of its being the sort of writing, in the measure of probability,
purports to be, by the dignity of
the person the espropia whose 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 at the very command of the scale
of probability: that an instrument purportingthat
by to be an expression of the Will of
Evidence: Beginning Fundamental assumptions. II.

Identifier: | JB/075/003/002"JB/" can not be assigned to a declared number type with value 75.
Date_1		Marginal Summary Numbering
Box	075	Main Headings	evidence
Folio number	003	Info in main headings field	evidence beginning fundamental assumptions ii
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	24457
Box Contents