Front Page Titles (by Subject) SECTION VII.: CONSEQUENCE OF THE EXCLUSION THUS PUT UPON EVIDENCE. - The Works of Jeremy Bentham, vol. 6
SECTION VII.: CONSEQUENCE OF THE EXCLUSION THUS PUT UPON EVIDENCE. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 6 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 6.
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- Errata—vol. VI. *
- An Introductory View of the Rationale of Evidence; For the Use of Non-lawyers As Well As Lawyers.
- Chapter I.: Title-page Justified.
- Chapter II.: Relation of Law to Happiness—of Procedure to the Main Body of the Law—of Evidence to Procedure.
- Chapter III.: Ends of Justice On the Occasion of Judicature. *
- Chapter IV.: Duties of the Legislator In Relation to Evidence.
- Chapter V.: Probative Force—whence Measured—how Increased—how Diminished.
- Chapter VI.: Degrees of Persuasion—thence of Probative Force—how Expressible.
- Chapter VII.: Causes of Trustworthiness and Untrustworthiness In Testimony—thence of Belief and Unbelief.
- Chapter VIII.: Of the Securities For Trustworthiness In Evidence.
- Chapter IX: False Securities For Trustworthiness In Evidence—oaths and Exclusions.
- Chapter X.: Of the Reception and Extraction of Evidence, Viz. With the Help of the Above Securities.
- Chapter XI.: Collection of Evidence—english Practice.
- Chapter XII.: Of Circumstantial Evidence.
- Chapter XIII.: Of Make-shift Evidence.
- Chapter XIV.: Of Preappointed Evidence.
- Chapter XV.: Difference Between Preappointed and Unpreappointed Evidence.
- Chapter XVI.: Preappointed Official Evidence.
- Chapter XVII.: Extempore Recordation, How Applicable to Legally Operative Facts At Large.
- Chapter XVIII.: Of Derivative, Including Transcriptious, Recordation, Wherein of Registration.
- Chapter XIX.: Exclusion of Evidence.—general Considerations.
- Chapter XX.: Exclusion Continued—causes For Which It Is Proper Or Not, According to Circumstances.
- Chapter XXI.: Exclusion Continued—causes For Which It Cannot Be Proper.
- Chapter XXII.: Exclusions By English and Other Laws—analytic and Synoptic Sketches.
- Chapter XXIII.: Safeguards Against Suspicious Evidence: Including Instructions Concerning the Weighing of Evidence.
- Chapter XXIV.: Authentication and Deauthentication, As Applied to Preappointed and Other Written Evidence.
- Chapter XXV.: Exclusion and Nullification Applied to Contractual Matter, In So Far As Writing Has Been Omitted to Be Employed In Giving Expression to It.
- Chapter XXVI.: Of the Exclusion and Nullification of Contractual Matter, Informally Though Scriptitiously Expressed, In a Transaction Which Has Been the Subject of Matter Formally Expressed.
- Chapter XXVII.: Imprisonment For Debt:—disguised Exclusion of Evidence Involved In It.
- Chapter XXVIII.: Of the Burthen of Proof: On Whom Shall It Lie?— (a Question Produced By Undue Exclusion of Evidence.)
- Chapter XXIX.: Evidence Considered In Its Relation to This Or That Fact In Particular—why Discarded From This Work.
- Chapter XXX.: Evidence In Relation to Particular Facts and Pleadings Under Technical Procldure.
- Chapter XXXI.: False Theory of Evidence (gilbert’s * )—its Foundation:—precedence Given to Written Before Unwritten.
- Chapter XXXII.: Liberalists and Rigorists—parties Belligerent In the Field of Jurisprudence, and In Particular of Evidence.
- Chapter XXXIII.: Conclusion.
- Appendix A.: Cautionary Instructions Respecting Evidence, For the Use of Judges.
- Chapter I.: Propriety of Cautionary Instructions, In Preference to Unbending Rules.
- Chapter II.: Considerations Proper to Be Borne In Mind In Judging of the Weight of Evidence.
- Chapter III.: Considerations Respecting the Effects of Interest In General Upon Evidence.
- Chapter IV.: Considerations Respecting the Effect of Pecuniary Interest Upon Evidence.
- Chapter V.: Situations.
- Chapter VI.: Makeshift Evidence.
- Chapter VII.: Scale of Trustworthiness.
- Chapter VIII.: Best Evidence, What?
- Chapter IX.: English Law Scale of Trustworthiness.
- Appendix B.: of Imprisonment For Debt.
- Section I.: Its Inaptitude As an Instrument of Compulsion.
- Section II.: Its Inaptitude, Applied As It Is As an Instrument of Punishment.
- Section III.: Its Needlessness Demonstrated By Experience.
- Section IV.: End, Or Final Cause of the Institution—judge and Co.’s Sinister Interest.
- Section V.: Means Employed—mendacity and Usurpation.
- Section VI.: Affidavit Previous to Arrest, Its Unfitness.
- Section VII.: Consequence of the Exclusion Thus Put Upon Evidence.
- Section VIII.: Advocates For the Abolition of Imprisonment For Debt—their Errors.
- Section IX.: Scotch Law—cessio Bonorum, Its Inadequacy.
- Section X.: Agenda—course Proper to Be Taken On the Occasion of Insolvency.
- Appendix C.: False Theory of Evidence—(gilbert’s.)
- Rationale of Judicial Evidence, Specially Applied to English Practice. From the Manuscripts of Jeremy Bentham, Bencher of Lincoln’s Inn.
- Prospective View.
- Book I.: —theoretic Grounds.
- Chapter I.: On Evidence In General.
- Chapter II.: Of Evidence Considered With Reference to a Legal Purpose; and of the Duties of the Legislator In Relation to Evidence.
- Chapter III.: Of Facts—the Subject-matter of Evidence.
- Chapter IV.: Of the Several Species Or Modifications of Evidence.
- Chapter V.: Of the Probative Force of Evidence.
- Chapter VI.: Degrees of Persuasion and Probative Force, How Measured.
- Chapter VII.: Of the Foundation Or Cause of Belief In Testimony.
- Chapter VIII.: Modes of Incorrectness In Testimony.
- Chapter IX.: General View of the Psychological Causes of Correctness and Completeness, With Their Contraries, Incorrectness and Incompleteness, In Testimony.
- Chapter X.: Of the Intellectual Causes of Correctness and Completeness In Testimony, With Their Opposites.
- Chapter XI.: Of the Moral Causes of Correctness and Completeness In Testimony, With Their Opposites.
- Chapter XII.: Ground of Persuasion In the Case of the Judge—can Decision On His Own Knowledge, Without Evidence From External Sources, Be Well Grounded?
- Book II.: —on the Securities For the Trustworthiness of Testimony.
- Chapter I.: Object of the Present Book.
- Chapter II.: Dangers to Be Guarded Against, In Regard to Testimony, By the Arrangements Suggested In This Book.
- Chapter III.: Internal and External Securities For the Trustworthiness of Testimony Enumerated.
- Chapter IV.: On the Internal Securities For Trustworthiness In Testimony.
- Chapter V.: Of Punishment, Considered As a Security For the Trustworthiness of Testimony.
- Chapter VI.: Of the Ceremony of an Oath, Considered As a Security For the Trustworthiness of Testimony.
- Chapter VII.: Of Shame, Considered As a Security For the Trustworthiness of Testimony.
- Chapter VIII.: Of Writing, Considered As a Security For the Trustworthiness of Testimony.
- Chapter IX.: Of Interrogation, Considered As a Security For the Trustworthiness of Testimony.
- Chapter X.: Of Publicity and Privacy, As Applied to Judicature In General, and to the Collection of the Evidence In Particular.
- Additional Notes to Books I. & II. Chiefly With Reference to Alterations Made In the Law Since the Date of the First Edition,— Viz. 1827.
- Book III.: Of the Extraction of Testimonial Evidence.
- Chapter I.: Of the Oral Mode of Interrogation.
- Chapter II.: Notes, Whether Consultable?
- Chapter III.: Of Suggestive Interrogation.
- Chapter IV.: Of Discreditive Interrogation.
- Chapter V.: Of the Demeanour of the Adverse Interrogator to the Witness, Considered In Respect of Vexation.
- Chapter VI.: Of the Notation and Recordation of Testimony.
- Chapter VII.: That the Evidence Should Be Collected By the Same Person By Whom the Decision Is to Be Pronounced.
- Chapter VIII.: Five Modes of Interrogation Compared.
- Chapter IX.: Epistolary Mode of Interrogation, In What Cases Applicable.
- Chapter X.: Epistolary Mode of Interrogation, How to Apply It to the Best Advantage.
- Chapter XI.: Helps to Recollection, How Far Compatible With Obstructions to Invention?
- Chapter XII.: Of Re-examination, Repetition, Or Recolement.
- Chapter XIII.: Of Spontaneous Or Uninterrogated Testimony.
- Chapter XIV.: General View of the Incongruities of English Law In Respect of the Extraction of Evidence.
- Chapter XV.: Mode of Extraction In English Common-law Procedure—its Incongruities.
- Chapter XVI.: Mode of Extraction In English Equity Procedure—its Incongruities.
- Chapter XVII.: Mode of Extraction In English Ecclesiastical and Admiralty Courts—its Incongruities.
- Chapter XVIII.: Incongruities of Roman Law In Respect of the Extraction of Evidence.
- Chapter XIX.: Of Confrontation Under the Roman Law.
- Chapter XX.: Recapitulation.
- Book IV.: Of Preappointed Evidence.
- Chapter I.: Of Preappointed Evidence In General.
- Chapter II.: Of Instruments of Contract In General.
- Chapter III.: Of the Enforcement of Formalities In the Case of Contracts.
- Chapter IV.: Formalities, What Proper, and In What Cases?
- Chapter V.: Of Wills, As Distinguished From Other Contracts.
- Chapter VI.: Of Preappointed Evidence, Considered As Applied to Laws.
- Chapter VII.: Of Public Offices At Large, Considered As Repositories and Sources of Preappointed Evidence. *
- Chapter VIII.: Of Official Evidence, As Furnished By Judicial Offices.
- Chapter IX.: Of Preappointed Evidence, Considered As Applied to Legally-operative Facts At Large.
- Chapter X.: Of the Registration of Genealogical Facts, Viz. Deaths, Births, and Marriages.
- Chapter XI.: Of Offices For Conservation of Transcripts of Contracts. *
- Chapter XII.: Of the Principle of Preappointed Evidence As Exemplified In the Case of Real Evidence (evidence From Things.)
CONSEQUENCE OF THE EXCLUSION THUS PUT UPON EVIDENCE.
Under the influence of such principles—I mean always, in the first place, the principle which shuts out the light of evidence—which keeps innocence for ever confounded with guilt, and each shade of guilt with every other—it has been impossible to do otherwise than very badly, and not easy to do worse than has been done.
Insolvency and bankruptcy form, in the nature of things, but one case. Who and where is the man who, having it in his power, ought not be made to pay his just debts?—who and where is the man who, being blameless, ought to be punished for not doing what he cannot do?
Insolvency and bankruptcy form, in the nature of things, but one case. It is by the demon of chicane—it is by the sinister interest of the possessors of power, that it has been split into the undistinguished parts, for the designation of which these denominations have been employed.
To the same evil spirits in conjunction may be referred the several corresponding and harmonizing distinctions:—the distinction between non-trader and trader—the distinction between insolvent and bankrupt—between insolvency the condition of the one, and bankruptcy the condition of the other.
Never was technical jargon and sham learning employed to a viler purpose:—never was fouler corruption covered by whitened sepulchres.