A Treatise on Judicial Evidence by Jeremy Bentham is one of the earliest and most comprehensive philosophical treatments of judicial evidence. It lays the groundwork for modern rules of admissibility, credibility and relevance.
Key Features:
- Advocates for rational, principle-based reforms in legal procedures.
- Emphasizes utility, truth-seeking, and fairness over rigid technical formalities.
- Covers direct vs. circumstantial evidence, testimonial reliability, documentary proof, and exclusions.
- Includes analysis of human psychology in relation to truth-telling and deception in legal settings.
- Attacks the traditional English system for being overly technical, obscure, and often unjust.
- Proposes alternatives to hearsay rules and the use of juries.
This book is essential reading for those interested in jurisprudence, legal history and evidence law reforms. It is frequently cited in academic discourse on law and legal reforms.