A Commentary on the Law of Evidence in Civil Issues Volume 1

A Commentary on the Law of Evidence in Civil Issues Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ... preference of some fancy to strict accuracy, or the confusion of subjective judgment with objective fact. But the witness of an immediate or eyewitness (testis primitive, proximus, oculatus), who is an immediate witness notoriously or according to the assured concurrence of historical criticism, is trustworthy, provided that he has been able to apprehend the fact strictly and truly, according to his intellectual and moral condition, and to represent it truly, and has taken care to do so. The agreement of several immediate witnesses with each other gives to their 'assertion a very high probability, if it is proved that they are independent, that they have not been deceived by the same deception, nor have been affected and psychologically influenced by the same one-sidedness in apprehension and statement; for a purely accidental agreement in an accidental circumstance has, according to the laws of the calculation of probability, a very high degree of probability in all complicated relations. The trustworthiness of mediate witnesses (testes secundarii, ex aiiis testibus pendentes) is determined partly by their sense and critical capacity, partly and chiefly by their relation to immediate witnesses. It is an essential problem, but seldom absolutely soluble, to discover the genealogy of testimony. The testimony of later witnesses is suspicious, especially when there is anything in it to serve a distinct (poetical, national, philosophical, dogmatic, or practical) tendency, and the further it stands from the actual occurrences. The verification of the subjective trustworthiness of different witnesses is reciprocally related to the verification of the objective probability, which what is attested has in itself and in connection with undoubted...show more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236899237
  • 9781236899231