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Proceedings Cambridge Philosophical Society, 1843 (Classic Reprint)




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Excerpt from Proceedings Cambridge Philosophical Society, 1843 On the Measure of the Force of Testimony in cases of Legal Evidence. By John Tozer, Esq., M.A., Barrister-at-Law, Fellow of Gonville and Caius College. The object of this paper is to show that the assumptions made by some English legal authorities on this subject, in opposition to the principles established by scientific processes, are not justified. The views more particularly dissented from, as extracted from a work of high legal authority, are thus enunciated: - "The notions of those who have supposed that mere moral probabilities or relations could ever be represented by numbers or space, and thus be subjected to arithmetical analysis, cannot but be regarded as visionary and chimerical. "Whenever the probability is of a definite and limited nature (whether in the proportion of one hundred to one or of one thousand to one, is immaterial), it cannot be safely made the ground of conviction; for to act upon it in any case would be to decide, that for the sake of convicting many criminals the life of one innocent man might be sacrificed. "The distinction between evidence of a conclusive tendency which is sufficient for the purpose, and that which is inconclusive, appears to he this: the latter is limited and concluded by some degree or other of finite probability beyond which it cannot go; the former, though not demonstrative, is attended with a degree of probability of an indefinite and unlimited nature." The method pursued is that of investigating algebraic expressions for the probabilities that the allegations made in a case which actually occurred, the trial of a female for murder, are true; and thence deducing an expression for the probability of the truth of the charge, in passing from the symbolical to the numerical expression, the numbers employed are not the actual values of the symbols but their limiting values; the resulting number is therefore a fraction which is not less than the value of the probability of the truth of the principal allegation, this being what in practice is required. The conclusion arrived at is, that the mode of estimating the force of evidence employed in a court is a process which algebraic investigation analyses, and of which it explains the theory, and an approximation to a result which is obtained with accuracy by assigning numerical values to the algebraic symbols: a clear conception of the nature of the practical process, it is conceived, must render its application more accurate, and to the extent of affording this the investigation is deemed to be of practical utility. December 11, 1843. On the Motion of Glaciers. By William Hopkins, M.A., F.R.S., Fellow of the Society (Second Memoir). About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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