Bentham Project

Rationale of Judicial Evidence

The publication of the new edition of Rationale of Judicial Evidence is an important part of a long term project to edit Bentham's writings on judicial procedure and adjective law. Originally published in 1827 under the editorship of John Stuart Mill, it is one of Bentham's longest works, running to five volumes, each containing some seven hundred pages. At present, priority is being given to researching and writing explanatory notes, and to transcribing and evaluating three thousand sheets of related manuscript material.

In Rationale of Judicial Evidence Bentham provided an exhaustive examination of the different types of evidence used in civil and criminal justice, and the different methods of extracting it. Above all he sought to advance his own belief that no evidence should be excluded unless the delay and expense involved in extracting it was likely to outweigh the anticipated value.

Irena Nicoll

This research is funded by the AHRC