rth. To set two such statements side by side, or to
modify them by inserting different constants, is then a comparatively
easy process, capable of being regulated by simple general rules.
Bentham's style becomes tiresome, and was often improperly called
obscure. It requires attention, but the meaning is never doubtful--and
to the end we have frequent flashes of the old vivacity.
The _Rationale of Evidence_, as Mill remarks,[417] is 'one of the
richest in matter of all Bentham's productions.' It contains, too, many
passages in Bentham's earlier style, judiciously preserved by his young
editor; indeed, so many that I am tempted even to call the book amusing.
In spite of the wearisome effort to say everything, and to force
language into the mould presented by his theory, Bentham attracts us by
his obvious sincerity. The arguments may be unsatisfactory, but they are
genuine arguments. They represent conviction; they are given because
they have convinced; and no reader can deny that they really tend to
convince. We may complain that there are too many words, and that the
sentences are cumbrous; but the substance is always to the point. The
main purpose may be very briefly indicated. Bentham begins by general
considerations upon evidence, in which he and his youthful editor
indicate their general adherence to the doctrines of Hume.[418] This
leads to an application of the methods expounded in the 'Introduction,'
in order to show how the various motives or 'springs of action' and the
'sanctions' based upon them may affect the trustworthiness of evidence.
Any motive whatever may incidentally cause 'mendacity.' The second book,
therefore, considers what securities may be taken for 'securing
trustworthiness.' We have, for example, a discussion of the value of
oaths (he thinks them valueless), of the advantages and disadvantages of
reducing evidence to writing, of interrogating witnesses, and of the
publicity or privacy of evidence. Book iii. deals with the 'extraction
of evidence.' We have to compare the relative advantages of oral and
written evidence, the rules for cross-examining witnesses and for taking
evidence as to their character. Book iv. deals with 'pre-appointed
evidence,' the cases, that is, in which events are recorded at the time
of occurrence with a view to their subsequent use as evidence. We have
under this head to consider the formalities which should be required in
regard to contracts and wills; and the mode of
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