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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.
Similar Items
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Title: [24 June 1804 Procedure Ends]Description: 24 June 1804 Procedure Ends Ch. '.7 Properties '.7 Properties desirable in a system of procedure. To exhibit a list, and that a compleat one, of the properties to be desired in a system of procedure, will be acknowledged to be an operation /atchievement/ of no mean use. This desideratum may now be accomplished, and that without any fresh labour on either side: for, the name only excepted, the thing is done /task is already performed/ /operation is compleat/. The properties desirable in a system of procedure are given when the ends which it ought to have in view /to which the course of it ought to be directed/ are given: they consist in its subserviency - in its subserviency in each case /instance/ - to those respective ends. To the name of each inconvenience, prefix the word property, and you have a list of the properties desirable in every system of procedure. Property of avoiding to produce the inconvenience consisting in the non-application of punishment where due: - in the non-collation of rights where due: - and so on to the end. In some instances of the 12 the expression may be more contracted /brief/: but to particularize the abridgment in each case is a trouble /an operation/ that may well be spared. What progress may be made - how much instruction or satisfaction given - by a single word well-placed! Aye, or by a single letter, subjoins the algebraist.
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Title: [10 May 1805 Evidence Introd]Description: 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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Title: [[059-359] 23 July 1804 Procedure]Description: [059-359] 23 July 1804 Procedure (1) Enquiry Mode Ch. Advantages '.1. Generation Ch. Advantages attached /resulting/ to the Natural or summary mode of enquiry /procedure/. '.1. Generation Above a view has been given of the necessary operations to which it is the property of the natrual mode alone, as compared with the technical, in all its infinity of modifications to give facility, perfection, or even birth and possibility of performance /being performed/. We now come to speak of the peculiar advantages the practical benefits, resulting from this superior degree of aptitude. Under this head two objects of reference will natrually and necessarily be all along kept in view: 1. The standard of aptitude or perfection: 2. the rival system or systems /mode or modes/ whose comparative aptitude in comparison of the system in question - the Natural system is to be judged of by a reference or confrontation[?] made of each to the standard so determined. This standard - it must already have been understood - can be no other than the aggregate of the several ends of justice or legitimate ends of procedure, as above determined /indicated/ and explained. The rival system or systems will be every technical system that in any country whatsoever, is, has been, or shall /can/ have been instituted and established.
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