Items related to The Complete Works of Edward Livington of Criminal...
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873. Excerpt: ... INTEODUCTOEY EEPOET THE CODE OF EVIDENCE. No branch, of jurisprudence requires greater certainty and more simplicity in its provisions, than that of judicial evidence. But there is none in which so little of either is to be found. The reason is, that, with fewer exceptions than exist in any other division of the science, it has been abandoned to the vacillating authority of decisions, for its creation and amendment, without any superintendence of the legislative power. This was a natural consequence of the transition from the semi-barbarism of the middle ages to the more improved state of the science in modern times. During the period when the Divine power was invoked, and supposed specially to interpose in litigated questions, by protecting innocence and making justice prevail in the ordeal and the battle, human testimony would of course be considered of minor importance. In proportion, however, as these miraculous interventions of the Deity ceased to obtain credit, and the agency of human justice and discretion was called in to supply its place, it became necessary to consider what evidence ought to be received in order to direct them. But no legislative provision had been made for this change, which was imperceptibly produced as the mists of ignorance and the veil of superstition were slowly withdrawn. In every case in which the witness was substituted for the champion, and the ordeal of justice for that of the elements, the court was obliged to make some rule for securing the appearance of the witness; interrogating him to come at the truth; determining what persons ought to appear in that character, and what degree of credit, under different circumstances, was due to their testimony. In the earlier periods of jurisprudential history in Europe, the di...
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- PublisherGeneral Books LLC
- Publication date2012
- ISBN 10 115081246X
- ISBN 13 9781150812460
- BindingPaperback
- Number of pages198
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