date

12 April 1805 Evidence Source
12 April 1805

Evidence

Source

Ch Procedure Technical

''. Conclusion

Of the natural system, as above described of the natural system considered with reference to the main end of justice, [...?] of decision - to develop the features of detail will be the business of the present work and of the present book. To contrast with it the corresponding features of the technical system in relation to the same points /end/ will be the following[?] business of the present work and of the present book: for us, os far as the question of fact is concerned right decision as far as human frailty permits is the natural fruit of a rational arrangement /set of arrangements/ /system/ in relation to the law of evidence, so on the other hand is mis-decision the natural result of an irrational one.

To exhibit /delineate/ a view of the natural system in any ulterior point of view - to delineate /represent/ /exhibit/ it in its application to the collateral ends of justice - avoidance of delay, vexation, and expense does not fall within the design either of the present book or of the present work, any further than for the full /compleat/ exhibition of it in the main point of view, the partial exhibition of it on that collateral point of view may occasionally be necessary.

To exhibit the technical system professedly on this collateral point of view will for the same reason be beside the purpose of the present work as well s the present book: at the same time so intimately blended are the several objects corresponding to the several ends of justice, that an occasional reference to the topics of delay, vexation and expense, and with it a partial delineation /exhibition/ of the way in which these inconveniences have been produced by /grown out of/ the technical system will every now and then be inevitable. To interest the topic of exclusion. To the promotion of misdecision exclusion of evidence, it will be shewn [...?] not in any case be conductive: but with relation to the promotion of a preponderant measure of delay, vexation and expense, it will in many cases be not only conducive, but even elegible upon the whole elegible and even to such a degree as to be unavoidable.
Similar Items
  • Title: [17 April 1805 Evidence Procedure]
    Description: 17 April 1805

    Evidence

    Procedure Technical

    Conclusion

    Of the burthen with which in the shape of delay, the collateral inconvenience vexation and expense the technical system is every where loaded, the enormity is too palpable to be disputed or disembled: disembled, even by those who by every bond of interest and prejudice are urged down to the defence of it. The current plea is that all this collateral inconvenience is necessary, or at least conducive to the attainment of the main object, the avoidance of misdecision: that the submission to the collateral burthen of the lesser inconvenience is the price necessarily paid, and amply compensated by the exemption by which mankind are liberated from the direct and more intolerable mischief /grievance/: and if not directly asserted, an opinion /a position/ is at any rate intimated, and must for the purpose of the defence /argument/ be introduced /accorded/ , that the quantum of advantage thus obtained rises /encreases/ in proportion to the quantum of the price thus paid

    In the course of the present book it will be seen whether the sum of advantage thus supposed to be purchased, and purchased at so high a price, is positive, or equal to, or negative. In the /the future/ /work on/ the rationale of procedure some conception will be endeavoured to be conveyed of the amount of that source /burthen/ of inconvenience by which the mass of inconvenience attached in the shape of delay, vexation and expense to the technical system of procedure exceeds the mass of like nature attached to the natural system of procedure. It will then, nor can it till then, be seen, in any sufficient detail, how enormous the price in which in that shape - men have /are/ everywhere been forced to pay and for nothing, but for much worse. /not for superior but for inferior justice./
  • Title: [10 June 1805 Evidence Introd]
    Description: 10 June 1805

    Evidence

    Introd

    Procedure Technical

    ''.1

    Ch. of the Technical System of Procedure

    ''.1.

    We have seen the leading features of the natural system of procedure. In them, by the rule of contraries we have virtually seen the leading features of the technical /its antagonist/.

    In the two together a Manichoean might /would/ see a confirmation of his system /principles/. In the Natural system he would see the genuine work /workmanship/ of the good principle: in the technical the work of the evil principle the power of darkness. the spirit of discourse.

    Under the model of the Natural system, the domestic, the Judge, as it were by instinct would set his face against expence /unnecessary and preponderant expence/, delay, and needless vexation in every shape. Except in the particular cases of exception that have been mentioned, a considerable portion of those evils comes unless called for: and as it would never enter into his head to call for them /it/, they /it/ would not come at all.

    Under the technical system, profit, official and professional profit, with another: a benefit /blessing/ of which expense, and delay with their [...?] vexations to the suitor are the source /sources/, and which flow in upon him in proportion to the fertility of that source. The grand and central object of his endeavours will therefore be by every possible and effectual contrivance to render the current of these evils as strong and copious as possible.
  • Title: [13 Apr. 1803 Procedure {or Evidence]
    Description: 13 Apr. 1803

    Procedure {or Evidence?}

    Evils [...?]

    Ends

    Engl. Law

     In a practical view (see below)

    But of this principal which in the catalogue of collateral objects has received more than it due share of attention - or rather if the sacrifices made to it at the expence of the real main objects have been - in many instances disproportionate, needless, useless and inconsiderate, the same imputation can not be extended /charge will not be found extendible /applicable// to the case of the other collateral objects - expence, vexation and delay.

    While, on the pretence /under the notion/ of providing for the security of the innocent, the guilty are let out without number, vexation is heaped upon suitors of all descriptions without mercy - expence without account - and delay - needless and useless - and unnecessary delay is manufactured by rule and compass, as if litigation - the bane of comfort - were the proper and principal business of life.H

    At this point, for the present, we take a pause. To carry on /deduce/ yet further the genealogy of law-born evil /mischief/ - to delineate it in its various shapes - to pursue it into its various recesses and lurking holes to trace out its ulterior and more distant causes, with their respective remedies, is a task, the place of which belongs to /which will find its place in/ the topic of Procedure.

    H References to Evidence Self-conviction &c - Nullities -

    Uses of this arrangement.

    1. A standard to try the goodness of a system of procedure by,

    2 - in one country as well as another.

    3. A model of perfection /A [...?] for improvement to aim at/

    4 It exhausts the subject /There are no other inconveniences/

    5. It exhibits /and/ the ne plus ultra of improvement /beyond which it can not go/

    /These inconveniences reduced to the minimum[?], perfection is attained/

    Practical instruction -

    To extirpate each lower branch of the inconvenience, not on its own account merely but on that of the higher that grow out of it: Intricacy[?] for precipitation & delay; those for vexation and expence; those for wrong decision in all its shapes.

    Each inconvenience furnishes a test for the whole system, and for each step. No test more simple, intelligible, familiar, conformable at once to the principle of utility, and to popular sentiment.