date

24 June 1804 Procedure Ends
24 June 1804

Procedure

Ends

Ch.

'.7 Properties

'.7 Properties desirable in a system of procedure.

To exhibit a list, and that a compleat one, of the properties to be desired in a system of procedure, will be acknowledged to be an operation /atchievement/ of no mean use. This desideratum may now be accomplished, and that without any fresh labour on either side: for, the name only excepted, the thing is done /task is already performed/ /operation is compleat/. The properties desirable in a system of procedure are given when the ends which it ought to have in view /to which the course of it ought to be directed/ are given: they consist in its subserviency - in its subserviency in each case /instance/ - to those respective ends.

To the name of each inconvenience, prefix the word property, and you have a list of the properties desirable in every system of procedure. Property of avoiding to produce the inconvenience consisting in the non-application of punishment where due: - in the non-collation of rights where due: - and so on to the end. In some instances of the 12 the expression may be more contracted /brief/: but to particularize the abridgment in each case is a trouble /an operation/ that may well be spared.

What progress may be made - how much instruction or satisfaction given - by a single word well-placed! Aye, or by a single letter, subjoins the algebraist.
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  • Title: [24 June 1804 Procedure G 27]
    Description: 24 June 1804

    Procedure G

    27 (1)

    Ends

    Ch

    '.6. Expression uniform

    '.6 Necessity and mode of reducing the several particular ends of procedure to a uniform expression

    Insert or omitt as superseded?

    In The main ends of procedure /the system/ we have seen so many lots of positive good: in the several collateral ends so many lots of negative good, consisting in the avoidance of so many /the several/ evils to which the pursuit of that good in its several shapes is liable to give birth.

    The propositions constitutive[?] of the main ends are therefore not only each of them susceptible of an affirmative denomination /form, but it is the form, but it is the only form in which they present themselves naturally and to a first view. The propositions constitutive of the three collateral ends correspondent to these three main ends, are...? The Collateral, as language is composed /constructed/ scarce are susceptible of no /any/ other than a negative one /form //expression//: a /an/ expression formed by the indication of the species of evil, the avoidance of which is the object of endeavour in each case.

    Evil therefore, or whatever be the synonym employed - mischief - inconvenience - being a term altogether indispensable in the denomination of the greater part of the ends of procedure, for the sake of conformity, it will be useful /of use/ not to say necessary, as it has been already found to be, + to insert it into the denomination of those ends (the three main ends) to the designation of which it could not have been necessary otherwise. The whole number of ends will thus stand one after another in the same form, and the list of them will thus be uniform and compleat.

    To this operation the language fortunately enough, opposes no inconsiderable difficulty: prefix the negative sign to the several main ends, and the thing is done. Evils the respective[?] avoidance of which constitutes the three main ends as above, say, non-application of punishment where due, non-collation of rights where due non-reddition of satisfaction where due.

    + Suprâ '.4.
  • Title: [15 Apr. 1803 Evidence 8]
    Description: 15 Apr. 1803

    Evidence

    8

    Ends

    Ends in general

    In this word properties we may observe /may be observed/ another heading term which has been employed with advantage in the character of a basis of arrangement especially in any work on which speculation has pratice for its end /the theory has a practical object in view/. A system of procedure being to be established, required the properties of which it is desirable it should be possessed: the properties, concerning which it is desirable that they should be found in it. The properties /property/ desirable in a system of procedure is that it be rendered conducive to the abovementioned objects or ends:- that it have the effect of warding off /preserving the community[?]/ - or[?] as far as the nature of things admitts - from the several abovementioned inconveniences /heads of inconvenience/. Corresponding to those ends the heads /species/ of inconvenience the avoidance of which constitutes respectievly so many distinct and subordinate objects or ends.

    Another vocabulary, in which the positive form /phases[?]/ prdominates, may be more acceptable to some conceptions.

    Ends of a sustem of Procedure, six. Properties of a good system of procedure - Properties desirable in a system of Procedure, subserviency to those respective ends.

    1. Rectitude of decision. Under this article are comprehended the six inconveniences of the first order: rectitude of decision consists in the avoidance of those several inconveniences - according to the nature of the cause - whether penal or non-penal - and according to the side of the cause contemplated - whether the plaintiffs or the defendants.

    2. Unvexatiousness - avoidance of the inconvenience of unnecessary vexation.

    3. Cheapness - avoidance of the inconvenience of unnecessary expence.

    4. Promptitude - avoidance of the inconvenience of unnecessary delay.

    5. Maturity - avoidance of the inconvenience of satisfaction.

    6. Simplicity - avoidance of the inconvenience of unnecessary intricacy.
  • Title: [18 May 1805 Evidence Introd]
    Description: 18 May 1805

    Evidence Introd

    Introd

    Ch.8 Application

    Once more, This catalogue is it compleat and arights[?] composed? - the advantages of each existing system are given, and on the other hand /[...?] converse/ the disadvantages: the advantages /of which/ it is in possession of the disadvantages under which it labours.

    It is advantageous, beneficial in proportion to the degree of its subserviency to the aggregate of all those ends.

    It is disadvantageous, in proportion to the degree of its opposition in relation to the aggregate of all those ends.

    The ends thus given, the properties desirable /to be wished for/ in any /each/ and every such established system are also given. To each such end corresponds a desirable property: - the property of being subservient to that end.

    The ends thus given, the principles or fundamental rules by which the propriety or fitness of each established system ought to be judged of are also given. To each such end corresponds a principle. The principles by which the propriety or fitness of each given established System ought to be judged of, are the degrees of its subserviency or opposition with reference to those respective ends.

    "First principles of justice"! In what legislative harangue - in what judicial argument do not we hear appeal upon appeal made to the first principles of justice? Sacred and ever adorable rules! Immutable as truth herself, recognized /proclaimed/ from pole to pole, innate as the cognitive principle, familiar to the child unborn! How many are there of them? what are they? In what volume, on what brazen tablet, or deluge-surviving pillar are they to be formed[?] What no answer? - The Digest, the Novels the [...?] the [...?] /Blackstones/, the [...?] and the [...?] all silent? - Well then - let us speak. If the above /this our/ catalogue be well-composed and compleat, then, in so far as adjective law is concerned, these are the first principles of justice.