OR QUARTERLY JOURNAL OF JURISPRUDENCE AND LEGISLATION. Qui juris nodos, et legum ænigmata solvat.—Juv. VOL. III. LONDON: PRINTED FOR BALDWIN AND CRADOCK. CONTENTS. Page ART. III.-CHANGES IN FRENCH LAW... Some Account of the Changes which have taken place in France, in the Electoral Laws, the Municipal Institutions, the Organization of the National Guard, and, generally, in the Legislative, Administrative, and Judicial Branches of The Province of Jurisprudence Defined. By John Austin, Esq., ART. VIII.-Wakefield on THE PUNISHMENT OF DEATH.... Facts relating to the Punishment of Death in the Metropolis. By Edward Gibbon Wakefield.. Second Edition, with an Appendix, concerning Murder for the Sale of the Dead ART. IX.—Parliamentary PAPERS, &c. Summary Statements of the Number of Criminal Offenders THE JURIST. APRIL, 1832. ART. I.-ON THE EXCLUSION OF EVIDENCE. * If Mr. Bentham had made no contributions to the science of jurisprudence beyond the volumes which are now before us, he would yet have presented a most valuable addition to the library of the jurist, and his name would deservedly be ranked among those of the most eminent promoters of law reform. Unfortunately, these subjects, although they are rapidly forcing their way into notice, have not as yet become popular, either amongst the class of lawyers, or amongst the public at large; and from this circumstance, as well as from the bulky size of the work, it seems not likely to meet with that general attention which it deserves. We cannot, therefore, better employ a few of our pages than in laying before our readers some account of a part of the contents of these volumes. It is scarcely necessary to observe, that rules for the taking of evidence form an essential part of every system of law. It is from evidence that the judge must, in each case, draw his conclusions as to the state of the fact, upon which he may afterwards proceed to the due application of the law. However complete and precise. may be our definitions of civil rights, however appropriate and well devised the punishments which are denounced against the violation of those rights, and however well constituted the judicial establishments by which the civil and penal laws are to be enforced, the good intentions of the legislature will be frustrated, unless such rules be laid down for the collecting of evidence as may enable the proper tribunals to form correct conclusions on the state of the fact. Mr. Bentham has, in the present work, entered into a very * Rationale of Judicial Evidence specially applied to English Practice. From the MSS. of Jeremy Bentham, Esq. 5 vols. 8vo. London. |