059-359.xml

Title: [[059-359] 23 July 1804 Procedure]

Description: [059-359]

23 July 1804

Procedure (1)

Enquiry Mode

Ch. Advantages

'.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.

059-360.xml

Title: [23 July 1804 Procedure (2) 2]

Description: 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.

059-372.xml

Title: [22 July 1804 Procedure (1)]

Description: 22 July 1804

Procedure

(1)

Enquiry Mode

Ch. Objection. No Jury

'.3. 2. Jury employable

'.3. Jury-Trial, when of use, mpt unemployable in the natural mode.