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2 July 1804
Procedure or evidence
Ends or Evils causes
Ch.1 2d Order
'.i. ------
Evils opposite to main ends are themselves but of the 2d order in comparison of really felt evils ----- the really-felt evils in this case are produced by /are to be looked for in/ substantive law
Felix, qui potuit rerum cognoscere causas -
-----, mihi causas memora -
By evils of the first order I understand such as are so of themselves: such as would be so, if they had no other /are so, whether they have or no, any other/ evils for their progeny.
By evils of the second order, I understand such evils as would not possess this quality were it not for the inconveniences /this or that inconvenience/ of the first order were it not that this or that evil /effect/ of the first order is intitled to the denomination of an evil. whether it be that they are the same evils or modifications of the same evils under another name; or were it not for the tendency which these evils of the first order to give birth to evils of the first order.
# Introd. circumst: influence ----bility. Dum.
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Title: [10[?] March 1808 Letter V]Description: 10[?] March 1808 Letter V '.6. Reason Ends of Justice Inserendumae ? Cons[...?] II. Evils of the 2d order I. Evils of the 2d order the mischievousness of which consists of in their being or tending to be productive of those evils of the 1st order which are correspondent and opposite to the direct ends of Justice, as above 7. 1. Misdecision to the prejudice of the plaintiffs (or demandants) side. 8. 2. Non-decision: - the Judge not pronouncing any decision at all on the subject of the demand. 9. 3. Non-demand: No demand made by the person who on the occasion in question, would had he thought fit have been intitled to make a demand: i.e. a demand of some beneficial service to be rendered to him [...?] at the charge of some person or persons on the defendant's side, by the Judge. At first sight, here it may be thought is no evil produced no injustice done. In some cases no: but in others, an evil the same in the main, as that which has misdecision or non-decision for its cause: for instance where the cause of a man's not demanding what is his due, is his inability to defray the expence without which his demand can not be substantiated. See infra. 10. 4. Non-justiciability on the part of the Defendant. Though on the score of wrong committed by him satisfaction is done from him[?] yet for some reason /by some reasons/ or other the means of /means for/ compelling /engaging/ him to render it, are not to be found: the person or his property to the necessary amount are not forthcoming &c. See infra. 11. 5. Desistment on the part of the demandant. After a demand made he desists from pursuing it, desistment may be produced by most of the causes by which non-demand may be produced. See
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Title: [4 July 1804 Procedure or evidence]Description: 4 July 1804 Procedure or evidence Evils Ch.1 2d Order '.i. Prejudice to plff. Independent 1 Independent evils of the first class - Injustice to the prejudice of the plaintiffs /demandant's/ side -----ion of justice in its several branches non-fulfilment of the main end of judicial procedure in its /these/ several branches, viz: non-application of punishment when due - non-collation of rights when due - non-administration /rendition[?]/ of satisfaction where due. Immediate cause or causes of the 1st order. Cause 1. - Wrongful decision to the prejudice of the plaintiff's side that the effects in question have for their cause the operation there denominated, is a proposition /truth/ assented to as soon as announced, or rather before it is announced. Instead of doubling its efficiency the natural movement of the mind on this occasion is rather to ask - to what other cause - meaning immediate cause - can the effect ever be ----able? The answer to this question will be brought to view /appear/ immediately. I. Natural causes 1. Wrongful decision to the prejudice of the plaintiff's /demandant's/ side: viz: where the causes of the /such/ wrongfulness are themselves natural. See infra causes of the 3d order - Causes of wrongful decision. 2. Non-justiciability of the deft. viz: with reference to the nature of the demand - of the service demanded or that would have been demanded at the hands of the judge: - of the defendant - or of him who were it not for the known or supposed impracticability of extracting from him the service in demand (for example the ---ial of the debr. dare) or an equivalent, would have been made defendant. (a) (a) Note (a) in a separate page
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