Rationale of Judicial Evidence: Specially Applied to English Practice, Nide 1

Hunt and Clarke, 1827

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Sivu 427 - ... much more the effect of use and practice. I do not deny that natural disposition may often give the first rise to it; but that never carries a man far without use and exercise, and it is practice alone that brings the powers of the mind as well as those of the body to their perfection.
Sivu 514 - ... sentence. On the other hand ; suppose the proceedings to be completely secret, and the court, on the occasion, to consist of no more than a single judge, — that judge will be at once indolent and arbitrary: how corrupt soever his inclination may be, it will find no check, at any rate no tolerably efficient check, to oppose it. Without publicity, all other checks are insufficient : in comparison of publicity, all other checks are of small account.
Sivu 227 - ... results from the want of confidence in such cases ; as where you tell a falsehood to a madman, for his own advantage ; to a robber, to conceal your property ; to an assassin, to defeat or divert him from his purpose.
Sivu 128 - I was not writing a scientific treatise on politics, I was writing an argument for parliamentary reform." He treated Macaulay's argument as simply irrational; an attack upon the reasoning faculty; an example of the saying of Hobbes, that When reason is against a man, a man will be against reason.
Sivu 381 - A learned judge, in the beginning of the last century h, remarks with much indignation the vast complication of perjury and subornation of perjury, in this solemn farce of a mock trial ; the witnesses, the compurgators, and the jury, being all of them partakers in the guilt : the delinquent party also, though convicted before on the clearest evidence, and...
Sivu 20 - In this question of identity — in this question of nomenclature disguised under scientific forms, we see a question of evidence.* The first question in natural religion is no more than a question of evidence. From the several facts that have come under my senses relative to the several beings that have come under my senses, have I or have I not sufficient ground to be persuaded of the existence of a being distinct from all those beings — a being whose agency is the cause of the existence of all...
Sivu 204 - Of the degree of force with which the moral or popular sanction acts in support of the law or rule of veracity, a more striking or satisfactory exemplification cannot be given. than the infamy Which so universally attaches upon the character of liar, and the violent and frequently insupportable provocation given by any one who, in speaking to, or in the presence of another, applies to him that epithet.
Sivu 205 - There has not, I suppose, existed anywhere, at any time, a community, — certainly there exists not among the civilized communities with which we have intercourse, one in which the appellation of a liar is not a term of reproach. Among the most egregious and notorious liars that ever existed, I cannot think that there can ever have been a single individual to whom it must not have been a cause of pain as often as it happened to him to hear the appellation applied to himself — to whom it would...
Sivu 19 - Monsieur Jourdan talked prose, without having ever heard of any such word, perhaps, in the whole course of her life. The impression, or something like an impression, I see in the grass — the marks of twisting, bending, breakage, I think I see in the leaves and branches of the shrubs — the smell that seems to present itself to my nostrils — do they afford sufficient evidence that the deer, that the enemy, I am in chase of, have passed this way?
Sivu 166 - By an infelicity in the expression, the fruit of the most correct perception, and the most retentive memory, may be rendered abortive.* On comparing the aberration liable to be produced by inaptness of expression, with the aberration producible by non-recollection or false recollection, the following differences appear discernible . - — The aberration by expression seems liable to be more wide than the aberration of the memory. It is capable of giving to the evidence a purport even directly opposite...

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