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21 April 1805
Evidence
Securities
Ch. Procedure Technical
''.2. Objects pursued
''.2. Objects pursued /aimed at/ under the constructs of those interests.
The dictates of interest being given, and the means of recognizing them in that character, not being wanting, the objects pursued under the impulse of that interest, power necessary to the pursuing them with effect being also present, will also be given. Such is the constitution of human nature
Not in the case of each /every/ individual taken separately: because in consequence of the variations produced by idiosyncrasy, every sort of interest, every sort of motive, every object of desire or aversion does not act upon all men nor upon any man at all times, with exactly equal force: but this constancy and consistency of action which would in vain be looked for on the part of the individual, may be looked for with confidence in the species or class. Titius and Sempronius may be governed for the moment by this interest, the pleasure or pain /by the motive, by the motive/, by the virtue or vice, of the moment: Titius more obedient to social interests and motives frequently led by that means into virtuous course, Sempronius under the governance of self-regarding or [...?] interests and motives and thence more frequently led astray by that means into vitious courses: but of Titius and Sempronius and their brethren taken together /collectively/ it may always be predicted /affirmed/ and reckoned /acted/ upon with assurance, that the objects pursued through life, will be the objects indicated by the dictates of general interest through the whole of life: and in a word that the objects pursued in conjunction through a course of ages will be the objects indicated by the dictates of the predominant interest to /by/ the action of which they are brought upon during that space of time.
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Title: [27 Aug 1804 Evidence Circumstantial]Description: 27 Aug 1804 Evidence Circumstantial Ch.2 ยง.1. [...?] [...?] It is among the properties of psychological facts, as such not to be made /make themselves/ known, evidenced, but through /otherwise than/ through the medium of some physical fact. What I myself /you yourself/ intend - what I am /you are/ conscious of - by what motives my intention has on this or that occasion been produced - all these facts, being facts the existence of which is confined within my own breast, can not in the way of immediate perception be known to anybody but myself: if /to you/ they are made known to you in any way, it can only be by means of some physical fact or facts, the perception of which has made its way into your mind through the medium of some one or more of your corporal[?] senses. Such then is the importance of circumstantial evidence. In the most important class of cases it is so necessary /indispensable/, that without it all the direct evidence imaginable would be unavailing. In vain would it be ascertained /established/ that the hand of Titius had given motion to the hatchet from whence Sempronius[?] received his death, unless it were also ascertained, that death or at least the affliction /wound/ [...?] had been the object of the will - of the intention of Titius - had been the effect or among the effects intended by Titius to be produced. In vain would it be established that Titius mounted and rode off with the horse, to which the property he had no good title[?]; in vain unless it were also ascertained that at the time of his so doing, he was conscious of having no right - no good title so to do. The offence of Titus would not in murder in the one case: it would not be theft, stealing, larceny, in the other.
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Title: [23 Mar. 1805 Evidence Securities]Description: 23 Mar. 1805 Evidence Securities Ch. Procedure Technical Let even Be the degree of ability /power of persistence/ on the part of the defendant be ever so sufficient, if through timidity or indolence the resolution /determination/ be wanting, and that determination be known, the victory /the jus nocende[?]/ to the oppressor in the character of plaintiff is equally /still alike/ secure. In the character /station/ of defendant, exactly the same oppression, exactly the same effect, may with equal certainty be produced by almost exactly the same means. Secure against assistance on the part of the destined victim, a man /the oppressor/ in this case has but to inflict in the his own hand the [...?] injury, instead of employing in the character of plaintiff, as he would have to do, the hand of law. To this plan of intentional injury grounded in the assurance /thus derived[?] eventual/ of essential /impregnable/ defence, the actual assumption of the character of defendant is not by any means necessary. The assumption of this character depends so [...?] evident /in the first instance/ not upon a man's own act but upon the act of another man in the character of plaintiff. Where Titius[?] has commenced the suit, then and not less it sits with /the option devolves on/ Sempronius whether or not to defend it. The success of the plan is alike decided, whether the victim, impressed[?] from the first with the fruitlessness or ineligibility of resistance[?], abstains from ever be assuming the character of plaintiff, or whether, actuated by the same /like/ considerations, he abandons it sooner or later after having taken it up.
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Title: [21 April 1805 Evidence Securities]Description: 21 April 1805 Evidence Securities Ch. Procedure Technical ''.2. Objects pursued In the objects or ends pointed at by the interests abovementioned some sort of contrarity and competition may already have been observed: to encrease suits and not to encrease them, to encrease labour and not to encrease it: to extract the maximum of their advantage objects somewhat differently [...?] must therefore have been aimed at, means of different description and even opposite tendency as among the legitimate +, so among these illegitimate occasionally employed: each of the interests, each object /interest, each object/ must occasionally have been made to give way, and in some sort sacrificed, to the other. /another/. 1. One interest said - make as many suits as possible. 2. Another interest said - make the profit upon each suit as great as possible. 3. A third said - make the trouble to yourselves from all suits taken together as little /light/ as possible. Here was a sort of contarity /To a certain degree these interests clashed:/: by the same means /arrangement/ by which one of them was promoted, another was counteracted. The more the profit upon each was augmented, the more the number of them was diminished: for the profit to the man of law being unavoidably attended with expence as well as vexation to a much greater amount to the individual would in many instances by utter inability in many more by dint of [...?] prevent them either from entering into or from continuing in the situation of a suitor - would in other words diminish the number of suits - would strike a number of hypothetical suits out of the list of actual ones - But the suits thus struck out of the list what Ends. Conflict.
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