date

23 July 1804 Procedure (2) 2
23 July 1804

Procedure (2) 2

Enquiry Mode

Ch Advantages

'.1. Generation

The ends of justice - the legitimate ends of procedure being taken as the standard of reference, the advantages of any belonging to the system in question - the natural system will consist in its several points of subservience /subservience and degrees of its conduciveness/ with relation to More respective ends.

The conduciveness of a system of procedure with reference to the ends of justice will show itself in two distinguishable practical results:- 1. the causing the ends of justice to be fulfilled with a superior degree of frequency - and in so far in the accomplishment /fulfillment/ of the end in question admitts of degrees of perfection - in a suprior degree of perfection - in the instance of such suits as come eventually to be instituted: 2. in preventing the institution of such[?], concerning which it were to be wished that they were not be as are so circumstanced that it would be for the advantage of the community that they were not /should not/ instituted. These last will be found comprized /comprehendible/ under two denomination:- 1. Malâ fide causes: i.e. causes which on the part of either demandant or defendant are accompanied with the consciousness of being in the wrong: 2. Causes accompanied with temerity: causes in which either the demand or the defence, not being chargeable with malâ fides is chargeable with temerity or rashness.
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  • Title: [[059-359] 23 July 1804 Procedure]
    Description: [059-359]

    23 July 1804

    Procedure (1)

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    '.1. Generation

    Ch. Advantages attached /resulting/ to the Natural or summary mode of enquiry /procedure/.

    '.1. Generation

    Above a view has been given of the necessary operations to which it is the property of the natrual mode alone, as compared with the technical, in all its infinity of modifications to give facility, perfection, or even birth and possibility of performance /being performed/.

    We now come to speak of the peculiar advantages the practical benefits, resulting from this superior degree of aptitude.

    Under this head two objects of reference will natrually and necessarily be all along kept in view: 1. The standard of aptitude or perfection: 2. the rival system or systems /mode or modes/ whose comparative aptitude in comparison of the system in question - the Natural system is to be judged of by a reference or confrontation[?] made of each to the standard so determined. This standard - it must already have been understood - can be no other than the aggregate of the several ends of justice or legitimate ends of procedure, as above determined /indicated/ and explained. The rival system or systems will be every technical system that in any country whatsoever, is, has been, or shall /can/ have been instituted and established.
  • Title: [23 July 1804 Procedure 5 (2)]
    Description: 23 July 1804

    Procedure 5 (2)

    Enquiry Mode

    Ch. Advantage

    '.3. 2. Malâ fides

    1. As to the despair of success, it will be in proportion to the manifest conduciveness of this mode of procedure to the ends of justice: to rightful decision - and to the avoidance of unnecessary delay vexation and expence.

    2. It is however in respect /by means/ of the certainty of shame that the efficacy of this system in respect of the prevention of malâ fide causes presents itself in the most striking point of view. Despair of success does no more than take off more or less of the force of the impelling motives it is by the certainty of shame that a countermotive is applied - a restraining motive: and of how powerful a /in its/ nature, can not be altogether unknown to any body /may be left any one to conceive/.

    In respect of avoidance of unnecessary delay, vexation, and expence, it is surely manifest enough that no technical mode of procedure can approach to this natrual one, not so much as in the instance of any one individual cause. In respect of avoidance of wrongful decision - assurance of rightful decisions - the assurance may under this or that technical system - in[?] the instance this or that individual cause, be practically speaking entire, and so far as that is the case, in that particular case, there exists not on the part of the natural mode any room for advantage. But in respect of certainty of shame - inexorable and unavoidable shame - exposure to the [...?] and appalling eye of the Judge - the the indignation or contempt of the surrounding audience - to the triumph till now of the vexed and injured but now avenged and [...?] adversary, nothing that can be done in any technical system, can bear any comparison with what [...?] taken[?] place otf itself and without effort, in the Natural system, haing always the few cases in which in this or that technical system, this feature of the natural system has by this or that circumstance been saved from being abolished.
  • Title: [23 July 1804 Procedure 3 (1)]
    Description: 23 July 1804

    Procedure 3 (1)

    Enquiry Mode

    Ch. Advantages

    '.2. 1. Furtherance[?]

    '2. First head of advantage 1. Furtherance of justice in causes actually established.