Front Page Titles (by Subject) SECTION IX.: SCOTCH LAW—CESSIO BONORUM, ITS INADEQUACY. - The Works of Jeremy Bentham, vol. 6
SECTION IX.: SCOTCH LAW—CESSIO BONORUM, ITS INADEQUACY. - 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.)
SCOTCH LAW—CESSIO BONORUM, ITS INADEQUACY.
Under Scottish law, after suffering a month’s imprisonment, every insolvent, on giving up his property for the benefit of his creditors, is set free.
This is an arrangement beyond comparison less bad than that of the English law, whether that part of it be considered which concerns insolvency at large, or that part which concerns bankruptcy: and in the way of experiment made, and precedent set, and pretence taken away, great is the use of it; great at any rate the use that might be made of it.
But the necessary month!—there lies the absurdity; there lies the mischief—there the indication of the sinister interest in which both the absurdity and the mischief took their rise. A month in a jail?—and to what purpose? Not to the purpose of compelling the cession: for that purpose, provision is made by the imprisonment of indefinite length, which till the object be accomplished, would without it take place of course. Not any such purpose as punishment: for, like the perpetual imprisonment under English law, this month’s imprisonment under Scottish law falls like the dew and rain and occasionally the lightning from heaven, upon the just and the unjust—and among the unjust, upon the more and less unjust alike.
Neither to the creditor nor to the debtor any possible use being to be found for it, remain the myrmidons of the law, whose use and interest, and whose alone, it evidently was, that caused it to be established. Fees upon putting a man in, fees upon letting him out;—profit to this and that man during his stay—profits, none of which would have been reaped, had the man, without being sent to prison, been admitted to deliver up his all, to and in the presence of the judge.
For this cause it is that he is put into a jail, where he will do—what? Anything but labour without impediment in that vocation which is the source of his subsistence:—and in particular imbibe the sort of instruction which, as everybody knows, is the natural growth of that sort of school:—learn, if he be honest, how to become dishonest,—and if he be dishonest, how to become worse.
Use of it as an example, as an experiment, as a precedent, as a lesson, to wit to all who will suffer their eyes to remain open to it:—though not to any whose interest, and therefore whose determination, is to keep them shut against it.
It would show to England, if the case of bankruptcy were not sufficient to show, that for imprisonment in case of debt, there is no need, nor therefore any use. On the north of the Tweed, is security for property of less value than on the south side of the Tweed? Is property, in point of fact, in so far as depends on the law of debtor and creditor, less secure?