10 May 1805

Evidence Introd

Introd

Ch 8. Application

' /Ch./ Application of the above principles to existing /actually established/ law.

Hitherto we have been floating in the atmosphere of theory: a /one/ step more, and we are set down in practice /are landed safe in practice/ and we find ourselves safe landed on the terra fima of practice.

In the above catalogue of the ends - the legitimate ends, of procedure - if the items be rightly chosen and the catalogue compleat, we possess an instrument by which the fitness of any established system of procedure may be [...?] without much difficulty, in all its parts and ingredients.

By what name shall we call our instrument /be called/: by what metaphor (for without metaphor psychology has no language) shall we describe it? /it be described?/

Is it a test? what system, of the systems in existence, shall abide it? Put into it any one of them, volume volume after volume fly off in gas or [...?] in service.

Is it a spear like that of Ithariel[?]? Touch with it Doctor after Doctor, Seraphic or Angelic, the robe /cloak/ flies off, the Devil stands confessed.

Test or spear, experiments will be made with it, in convenient abundance, as we advance.
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    Description: 18 May 1805

    Evidence Introd

    Introd

    Ch.8 Application

    Once more, This catalogue is it compleat and arights[?] composed? - the advantages of each existing system are given, and on the other hand /[...?] converse/ the disadvantages: the advantages /of which/ it is in possession of the disadvantages under which it labours.

    It is advantageous, beneficial in proportion to the degree of its subserviency to the aggregate of all those ends.

    It is disadvantageous, in proportion to the degree of its opposition in relation to the aggregate of all those ends.

    The ends thus given, the properties desirable /to be wished for/ in any /each/ and every such established system are also given. To each such end corresponds a desirable property: - the property of being subservient to that end.

    The ends thus given, the principles or fundamental rules by which the propriety or fitness of each established system ought to be judged of are also given. To each such end corresponds a principle. The principles by which the propriety or fitness of each given established System ought to be judged of, are the degrees of its subserviency or opposition with reference to those respective ends.

    "First principles of justice"! In what legislative harangue - in what judicial argument do not we hear appeal upon appeal made to the first principles of justice? Sacred and ever adorable rules! Immutable as truth herself, recognized /proclaimed/ from pole to pole, innate as the cognitive principle, familiar to the child unborn! How many are there of them? what are they? In what volume, on what brazen tablet, or deluge-surviving pillar are they to be formed[?] What no answer? - The Digest, the Novels the [...?] the [...?] /Blackstones/, the [...?] and the [...?] all silent? - Well then - let us speak. If the above /this our/ catalogue be well-composed and compleat, then, in so far as adjective law is concerned, these are the first principles of justice.
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    Description: 24 July 1810 12 Note Continued

    Fallacies Ch. | | Cause and Obstacle

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    | | Universities 1. Virtue

    In the same volume which contains these universally [...?]llected and deservedly condemned Statutes is printed, in a little more than three close pages a Latin paper stiled Ephronisis sin explanated[?] Juramenta[?] the sole /principal/ /chief/ purpose of which is to explain a way this oath.

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    That by any Act of the University legisaltors this anonyomous paper was ever ordained to be considered as forming part and parcel of the Oath, as annext to it to cut out more of less of the substance, or even to be printed as in practice it is printed in the same volume with that which exhibits a part of the Statutes [...?] sworn to, does not appear And whether this anonymous and unknown person is to be considered as possessed of a dispensive power, empowering all who choose to be so empowered to break their oath in so far as he gives them leave, is a /among the/ question left for the exercise of tender consciences.
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