date

30 April 1805 Evidence Introd
30 April 1805

Evidence

Introd

Ch Sinister Ends

'. No[?] Collateral ends

Of these maxims - the effusions of imbecility wandering in a chaos of its own creation - of these technical crudities with the mass of which volumes upon volumes might be filled, two classes may be distinguished. Those of the one have respect to substantive law: those of the other, to adjutive[?]. To each a test may be given - by which its pretensions to the character /proxy[?]/ of rationality and utility may be tried. In the instance of /As to/ lack of them as bear reference to substantive law /any shewn[?] by/ this test consists in their tendency where applied to practice, that is in the tendency of the arrangements which they are employed to recommend, in respect of the production or promotion[?] of assignable pains and pleasures. Such of them as bear reference to adjuctive law, try those by their subserviency to the ends of justice: to the ends of justice, not as dreamt of /figured in the dreams of/ rhetoricious, but as laws[?] distinctly brought to view.

Examples of maxims constituting so many capricious ends disparate from and unsubordinate to the legitimate end of procedure and its several branches

1. Nemo[?] debit scepsum[?] accusare. Improperly expressed not fit to be observed in any case: in practice not adhered to with any tolerable uniformity or consistency

4.[?] Non bis in idem. Not fit to be observed in any law Referred to in French Law. More steadily observed in English law where its observance is more mischievous than in French. It affords a sure receipt for impunity, to every criminal who can contrive to keep a witness out of the way for a few hours. 3. Nemo debit [...?] [...?] in [...?] [...?]. +

+  Give the rest of [...?] maxims and [...?] Axioms.
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  • Title: [5 May 1805 Evidence Introd]
    Description: 5 May 1805

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    Ch. 10 x Capricious Ends

    Examples of this sort of end may be met with in but too great abundance in almost every system of established procedure: the difficulty is rather how to avoid meeting with. Of this sort are afforded by a great part of all those propositions with which under the name of maxims or principles books of practical established law so much abound.

     [...?] a few from Left's[?] Principia Juris.

    This classification /The mode of classification/ here pursued is not altogether unanalogous to that which in another work may have been observed as applied /to have been brought to view as applicable/ to the contents of a body of law in general or of the substantive branch of it in particular. Legitimate end, the principle of utility: spurious ends, the principle of asceticism, which is opposite to it /the other/ /the former/: the principle of caprice, which when applied to the device[?] and application of the maker of reward and punishment or that of reward has been termed the principle of sympathy and antipathy[?], not uniformly opposite to the principle of utility, but independent of it, and on that account liable occasionally to run counter to it. This /To so many modifications of this, considered/ as applied to substantive law, correspond the several maxims of principles - maxims the observance of which is /constitutes/ of so many of the ends here called capricious ends, as applied to adjuctive law.
  • Title: [30 April 1805 Evidence Introd]
    Description: 30 April 1805

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    Ch. 10 x Capricious Ends

     This to Ch. Capricious Ends Yes Enforced[?] with- Ch. False Ends in general

    ' Subordinate ends - Compliance with arbitrary maxims the propriety of which being imaginary /undemonstrable/ is gratuitously assumed.

    As the legitimate end has its subordinate ends - as the general /[...?]/ propositions expressive /[...?]/ of the general end, include in their embrace the particular propositions expressive of the several particular /correspondent/ ends: - so has the sinister general end /so is it with the sinister end/

    The sinister end has for its immediate subordinates, the several particular ends /objects/ consisting in the observance of a countless multitude of maxims, which after having been made by the hands, are the /so many/ objects of the idolatry of the man of law.

    /Of/ These maxims had they any real value had they any worth in them when weighed in the scale of utility, the value would consist in this - viz: that the arrangements presented /recommended/ by them were in some assignable way or other, subservient to the ends of justice - But when examined in that view[?] no such subserviency in them can be found. What then is to be done? What is wanting to them in the way of support in point of reason and utility must be made up in prejudice. Accordingly their excellency is to be assumed: and being assumed boldly is to be trumpeted /proclaimed/ clamorously upon all favourable occasions. All attempts - the very idea of enquiring into their intrinsic worth - of bringing them to the test of reason and utility is by every imaginable contrivance to be discountenanced. They exist /are current? therefore they are good: they have been current for a length of time: therefore they are still better: the age in which they began to be current was in comparison of the present a dark[?] and barbarous age: - be it so: they are /they are but/ so much the fitter for setting the law to present times[?]. By any standing /age/, falshood ripens if not into truth, into something better: nonsense ripens, if not into sense, into something more useful and respectable.

    The science of ipse[?] dixits[?].
  • Title: [18 May 1805 Evidence Introd]
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    With the ends of procedure, the legitimate ends, coincide also though here again not compleatly, the ends of justice: ends of judicature, we have been seeing, falls short of the mark: ends of justice, we shall see outstretching it. At the hands of the system of procedure The dictates of justice are understood to require, in so far at least as the prescriptions of substantive law are understood to be not repugnant to the dictates of natural justice (all this a matter of language and of usage) the fulfilment of the prescriptions of substantive law: and in so far the legitimate ends of procedure coincide with and are accompanied by the ends of justice. But, as /like/ the prescriptions of adjutive[?] law are compared in common /popular/ language and conception with the dictates of justice, so also are the prescriptions of substantive law themselves: and with /as to/ the /such of the/ ends of justice as correspondent to those dictates of justice with and by which substantive law is confronted and tried, the term /expression/ ends of procedure is it evident, no longer parallel and synonymous the coincidence no longer holds.