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12 April 1803[?]
Evidence
Ends.
Ch.
' Precipitation
From the view thus taken of the several classes of lights or grounds of decision, which it may be the effect of an act of precipitation to exclude, as will soon be manifest enough, it is evident how far this head of inconvenience is from being in respect of its effects, what at first glance it might be thought to be, the exact counterpart and opposite of unnecessary delay. By unnecessary delay, the three negative inconveniences of the first order - non-application of punishment where due, non-application of satisfaction where due and non-collation of rights where due are produced to a certainty, and continued while it lasts: but in virtue of the operation of the same cause a chance more or less considerable of the ultimate and perpetual existence of these same inconveniences is moreover produced according to the nature of the case, penal or non-penal. Is produced: and not only of those negative inconveniences of which the plaintiff in the cause is the victim but of their respectively opposite positive ones - application of punishment where not due - application of satisfaction where not due (and thence of the burthen attached to the obligation of administering it) and collation of rights where not due (thence imposition of the mass of burthensome obligations by the imposition of which those rights are conferred.) The burthen of which falls upon the defendant.
To precipitation of the other hand, stands attached, it is true, a chance more or less considerable of the existence of all those several /six/ inconveniences of the first order in the several cases to which they apply, and to the prejudice of the cause of the plaintiff or that of the defendant, as it may happen. A chance, yes: but it has not in any case any one of those inconveniences for its certain consequence.
A Judge gives at the very first moment, at the very first word spoken or exhibited to him, the very same decision which he would have given, had he given the fairest and fullest hearing to both parties: at the end of all such steps as either party thought fit to take.
The case is everywhere a conceivable one, and being the most simple one, is conceivable indeed, well more
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Title: [24 June 1804 Procedure Ends]Description: 24 June 1804 Procedure Ends Ch. '.6. Expression uniform Compleated by the above process, the evils and /or/ inconveniences corresponding respectively to the list of particular several ends, will stand thus 1. Non-application of punishment where due Synonym [...?] 2. Non-Collation of rights where due 3. Non-reddition of satisfaction where due 4. Application of punishment, where not due 5. Collation of rights where not due: thence imposition of the correspondent burthensome obligations 6. Addition of satisfaction where not due: thence [...?] imposition of the corresponding burthensome obligations 7. Production of unnecessary vexation 8 - Expence 9. - Delay 10. - Precipitation 11 - Intricacy 12.- Mendacity and untrustworthiness in other shapes on the part of the evidence. And to these twelve distinguishable evils correspond so many equally distinguishable ends, consisting sverally in the avoidance if these respective evils. In the existing state of the language - of the English language at least, (a) the three main evils have /possess/ an expression belonging /applicable/ to them in common - viz: failure of justice. To The three corresponding collateral evils belongs no such equally appropriate expression - No one of them, indeed /perhaps //it is true// but may understood to receive without impropriety the appellation of injustice: but this appellation is not more /if applicable to them at all, is not/ strictly applicable to them, that is is to the three main evils comprehendible as above under the appellation /denomination/ of failure of justice. Note (a) (a) In /By/ the expression of failure of justice the effect alone is indicated /brought to view/, without any reference made to any person whose act is considered as the cause. In French books, we hear not so frequently of failure of justice, dedaut[?] or manquemont[?] de justice as of denial of justice - deni de justice: a phrase by which the Judge is pointed to, as the person whose act is the sole immediate cause of the obnoxious effect. But in English pprocedure failure of justice, it will be seen, for an instance in which failure of justice is the fault of the Judge as such, it is in some dozen score or hundreds of instances the fault of the legislator: the possibility of so much as applying for justice under the head of expence, not to speak of vexation and delay imposed upon it, a state of things comparatively rare.
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Title: [[unnumbered sheet, between 059-391 and 392]Description: [unnumbered sheet, between 059-391 and 392] 10 Apr. 1803 Ch.3 Evidence 7 Note Ends Ends in general Note continued The inconveniences themselves being in these eight last instances cloathed materially in a positive garb, the corresponding ends - the ends consisting in the avoidance of these respective inconveniences would if the same plan of nomenclatures were pursued without variation be required to be cloathed in a negative garb; as thus. N o 2. Non-application of punishment where not due: N o 4. Non-application of satisfaction where not due; N o 6. Non-collation of rights where not due. N o 7. Non-occasionment of expence where not necessarily /unnecessary/; N o 8. Non-occasionment of vexation (miscellaneous) where not necessary. N o 9. Non-delay - or non-occasionment of delay, where unnecessary: N o 10. Non-precipitation, or avoidance of precipitation. N o 11. Non-intricacy, or avoidance of intricacy /to produce intricacy/. Note These observations /speculations/ relative to the conversion of terms and [...?] of the propositions into the composition of which they enter from the negative form into the positive and vice versâ, are analogous to some of the speculations exhibited in the books called /which under the name of/ Logical compounds are studied in the English Universities books which thought they bear on the title page the art or science of logic taken without distinction, and consequently in its whole extent, are confirmed in their views to that branch which is properly termed Dualities[?], and to which whatever instruction is given referable to any other branch is made subservient. All laws, as such being so many manifestations of will, so much of logic as applies itself, to the matter of the laws - to the field of legislation, and to the exertions /labours/ in that field, has been proposed already to be stated the logic of the will. See Logist. liv.4[?] Pen. Vol. │ │ Ch. │ │
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Title: [10 Apr. 1803 Ch.3. Evidence]Description: 10 Apr. 1803 Ch.3. Evidence 6 Note continued? Note Ends Ends in general Opposite to the idea of an inconvenience, is the idea of an end: - of an object aimed at as a mark[?] or an end, in any course of practice. /+The object aimed at in each instance is the avoidance of the inconvenience./ Accordingly taking /if instead of inconvenience we take/ the word end to express the general head, under which a number of articles to the same effect whall be arranged, there must be the same mixture of negative garbs [...?] positive; but, if we may express ourselves, the objects must change cloaths. Those which in the catalogue of inconveniences wear a positive garb, must in the catalogue of ends wear a negative garb: those which in the catalogue of inconveniences wear a negative garb, must in the catalogue of ends wear a positive garb. The inconveniences, cloathed in a negative garb, were, N o 1 punishment, not applied where due; N o 3 satisfaction not applied where due: N o 5 rights, not conferred, where due. The ends must accordingly be - application of punishment where due: -application of satisfaction, where due: collation of rights, where due. + The inconveniences cloathed in a positive garb, were - N o 2 Punishment, applied where not due; N o 4. Satisfaction applied where not due; (a); N o 6. Rights conferred where not due. (b) N o 7. Expence, occasioned where unnecessary; N o 8. Vexation miscellaneous. (viz. in any other shape than that of expence) occasioned where unnecessary; N o 9. Delay where unnecessary; N o 19. Precipitation; N o 11 Intricacy. / The work once done, if well done for ever. These metamorphoses will be still in memory, who Ovids [...?] ranked under Harlequins./ (a) Note The real inconvenience consists not in the satisfaction, an article which belongs to the account of pleasure and thence of good; but the obligation of affording the satisfaction, an obligation which as such, whatsoever be the particular nature of it, belongs to the account of evil. This evil is inseparable from the good since it is only by means of the evil that the good is produced: and it is the nature of the evil in this case to outweigh the good. (b) Notes the main observation which has been just applied to the case of satisfaction, viz: on the score of an offence administered where not due applies, and with equal force, to the case of Rights, conferred where not due. The conferring on the party injured by an offence this or that right is moreover among the [...?], by which satisfaction may be and is administered to him on that score. + See [...?]. [...?].9 Pen. Vol │ │ Ch. │ │ Anxious pathologicus
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