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29 March 1805
Evidence
Securities
Ch. Procedure Technical
A question here presents itself. - A system perfect in the first instance, and rendered less and less perfect by /growing less and less perfect with the growth of/ experience - can this account of the matter be a probable end? Is not this the path of the golden age? Every other branch of science keeps and ever has been and still keeps on advancing with the progress of experience. In law /legislation/, the first of sciences, and in the law of procedure in particular, is there any thing that can /capable/ constitute it an exception to the rule?
Yes verily: with substantive law we have no concern at present. But in the case of adjective law - the law of procedure a cause[?] may be assigned, nor that an unobvious one, by the force /virtue/ of which in past ages a prodigious degeneration could not but have taken place, howsoever it may fare with /whatsoever in this respect may be the destiny of/ future ones. From known principles of human nature came the general rule: from the /other/ equally known and [...?] principles of human nature came the exception which we shall have occasion /are now called upon/ to bring to view.
Among mankind in general /at large/, a general conception seems to have prevailed, and even to be still prevalent, that the fulfilment /attainment/ of the ends of justice, the fulfilling /accomplishment/ of the predilections delivered by the substantive branch of the laws, and that with as little collateral inconvenience in the shape of expence vexation and delay, as possible, has been really and bonâ fide the end and object to /to the attainment of/ which the practice ordered[?] and arrangements made by the [...?] of the adjective branch - the system of procedure - has really and bonâ fide been directed. To propagate this /implant this/ opinion in the minds of mankind in general there has been, as may naturally be imagined, no want of industry on the part of the man of law: and as it is only through the medium of the man of law - his writings, his discourses - that any conception in relation to this or any other branch of the subject was to be obtained, no wonder that the conception /imposition/, true or false, intertwined[?] of this matter by mankind in general should have been such, as it answered his purpose to impress /communicate/ and propagate..
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Title: [18 May 1805 Evidence Evils]Description: 18 May 1805 Evidence Evils causes ch. ----------- ' Effects on -------- Effects of reform on the no of judges In the aggregate assemblage of the ends of procedure are included in substance /in purport/ though not in name /tenor/, two distinguishable objects: 1. the raising to its maximum the number of well-founded, i.e. non-temerarious and bonâ fide suits: the ----- to it minimum the number of ill-founded, i.e. temerarious and malâ fide suits. It is rarely by means of a suit /by means of a legal ----/ as often as the occasion a just occasion for the demand - a just cause of suit - presents itself, that the prescriptions of substantive law in that regard can be fulfilled. I say the increasing the number of well-founded, bonâ fide suits is among the ends of procedure /legislation/. Not that any increase in the number of suits of any kind /description/ is not in itself an evil (it is always so in virtue of the attendant vexation and expence attending them - it can never fail of being so) but in as much as so far as it extends, in so far as is necessary to the attainment of a preponderant good. Not that by the production of such ----- it may not happen to a law to be productive not only of evil but of preponderant evil: - but /that/ where the evil is thus preponderant, it is the work and product not only of the adjective system of law, but of the same /correspondent/ part or other of the substantive. By the ambiguity of its tenor, it may but too easily happen to the substantive branch of the law to give birth to a /an almost endless/ multitude of suits: but in this case the cause /fault/ of the evil lies solely in that branch of the law not in any respect in the adjective - not in the system of procedure. A case in which a misfortune of this head is still more apt to happen is that where the corresponding article of the substantive law in question has no tenor at all: which is the case in so far as the substantive branch of the body of the law remains /is suffered to remain/ in the form, or rather the no-form of jurisprudential law; but of this more fully in its place.
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Title: [15 Mar 1803 Procedure & Evidence]Description: 15 Mar 1803 Procedure & Evidence Introd. Ch.3 2 d[?] Ends Ends in general Abridge this for Evidence? leaving it at length for Procedure? Ch.3. Ends of Procedure, of Evidence included In a work which is already before the public, a necessary distinction has been brought to view - the distinction between the substantive branch of any body of law and the adjective branch: /+a term employed to direct[?] the aggregate mass of the laws or regulations appertaining to the subject of procedure/ Adjective was a term chosen /The term adjective was chosen/ to express the sort of relation borne by the laws belonging to that branch to the laws belonging to the other branch: the laws have termed /designated under the name of/ adjective being as incapable of existing either in reality or so much as in conception or being so much as conceived without the laws termed substantive, as in grammar the species of noun called adjective is without the support of the other species of noun termed substantive. /How diversified soever/ Of the laws belonging to the substantive branch howsoever may be in other respects diversified, thus much may be predicated of them in common that they consist in the delivery of certain predictions. (a) Thee laws belonging to the adjective branch - the laws of procedure have or ought to have this one function [...?] and object in view in common:- viz: the giving fulfilment - accomplishment to the several predictions delivered in and by the laws belonging to the substantive branch. (a) Not to [...?] this in [...?] of non-[...?]
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Title: [17 June 1804 Procedure B 4]Description: 17 June 1804 Procedure B 4 (1) Ends Ch.1 '.2. General Ends '.2. General ends of procedure Our business in the present work is with the system of judicial procedure - with the rules, (call them rules, laws, provisions, regulations) of which it is capable of being composed: with the one main and general end with the several specific or subordinate ends that in the framing it ought to be kept in view: and to the attainment of which these rules and each distinguishable part of them ought to be directed with the plan of contrivances by which they may be rendered so many means with relation to those respective ends. To form a clear conception of those several objects, it is /will be/ necessary to call to mind a leading distinction already brought to view: the distintion between the substantive and the adjective branch of the body of the laws. To the substantive which is the main branch belongs every law that does not blong to the adjective: every law shich serves /is capable of serving/ as a rule of conduct to the subject, considered on any other occasion than that of his being engaged in a course of litigation before a Court of Justice. To the adjective branch every law, or particle of law, the sole use and object of which is to give effect to the several laws which appertain to the main or substantive branch, as above delineated. Note (a) (a) In Grammar a noun substantive presents a compleat signification of itself, and therefore without the addition of a noun adjective: a noun adjective presents no compleat signification of itself, presents a sense[?] which is but as it were begun, untill compeated by the addition of a import annexed to some noun substantive. /every law therefore which to the conception of any reader would be apt without [...?] [...?] intimation to the contrary, to be presented by the word law. (2a) Distinction between satifaction and adjective taken from grammar.
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