date

10 Apr. 1803 Ch.3. Evidence
10 Apr. 1803

Ch.3. Evidence

6

Note continued?

Note

Ends

Ends in general

Opposite to the idea of an inconvenience, is the idea of an end: - of an object aimed at as a mark[?] or an end, in any course of practice. /+The object aimed at in each instance is the avoidance of the inconvenience./ Accordingly taking /if instead of inconvenience we take/ the word end to express the general head, under which a number of articles to the same effect whall be arranged, there must be the same mixture of negative garbs [...?] positive; but, if we may express ourselves, the objects must change cloaths. Those which in the catalogue of inconveniences wear a positive garb, must in the catalogue of ends wear a negative garb: those which in the catalogue of inconveniences wear a negative garb, must in the catalogue of ends wear a positive garb. The inconveniences, cloathed in a negative garb, were, N o 1 punishment, not applied where due; N o 3 satisfaction not applied where due: N o 5 rights, not conferred, where due. The ends must accordingly be - application of punishment where due: -application of satisfaction, where due: collation of rights, where due. + The inconveniences cloathed in a positive garb, were - N o 2 Punishment, applied where not due; N o 4. Satisfaction applied where not due; (a); N o 6. Rights conferred where not due. (b) N o 7. Expence, occasioned where unnecessary; N o 8. Vexation miscellaneous. (viz. in any other shape than that of expence) occasioned where unnecessary; N o 9. Delay where unnecessary; N o 19. Precipitation; N o 11 Intricacy.

/ The work once done, if well done for ever. These metamorphoses will be still in memory, who Ovids [...?] ranked under Harlequins./

(a) Note

The real inconvenience consists not in the satisfaction, an article which belongs to the account of pleasure and thence of good; but the obligation of affording the satisfaction, an obligation which as such, whatsoever be the particular nature of it, belongs to the account of evil. This evil is inseparable from the good since it is only by means of the evil that the good is produced: and it is the nature of the evil in this case to outweigh the good.

(b) Notes

the main observation which has been just applied to the case of satisfaction, viz: on the score of an offence administered where not due applies, and with equal force, to the case of Rights, conferred where not due. The conferring on the party injured by an offence this or that right is moreover among the [...?], by which satisfaction may be and is administered to him on that score.

+ See [...?]. [...?].9 Pen. Vol │ │ Ch. │ │ Anxious pathologicus
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  • Title: [10 Apr. 1803 Ch.3 Evidence]
    Description: 10 Apr. 1803

    Ch.3 Evidence

    5

    Note?

    Note

    Ends

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    In the above list of inconveniences, some will be found to wear a positive garb; others a negative. The garb they wear is negative, when the respectiev appellations given to them include a negative expression: /+In other words, when the acts from which they /the inconveniences/ result, are negative also: when the acts from the non-performance of which they result are positive acts/ N o 1 punishment not applied where due: N o 3 satisfaction, not applied where due:- N o 5 rights, not conferred where due. In the 8 remaining instances the garb they wear is positive: the acts from which they result being positive acts.

    This mixture was unavoidable. For the purpose of marking[?] onto the several modes of action which presented themselves as proper to be avoided, the avoidance of which presented itself as a desirable result, it was necessary to find for them some common appellation, indicative of this common property. /+To give to our exertions that consistency - and thence to our conceptions that uniformity and simplicity in which every branch of practical science rectitude of intelligence /comception/ and propriety i.e: utility of conduct in so consistent a degree depend, uniformity and simplicity of expression is on this occasion as in all others, a fundamental point. But/ by no other device than as above could objects proper to be aimed at and objects proper to be avoided have been ranged under one head.

    Note

    (a) Among algebraists A device of a similar nature is part of the routine of practice among algebraists. To transfer a quantity from one side of the equation to the other is among the most familiar /frequently occuring/ of their steps[?]: and as often as a [...?] of this sort is performed, a change of the sign from positive to negative, or vice versâ, accompanies it of course.
  • Title: [[unnumbered sheet, between 059-391 and 392]
    Description: [unnumbered sheet, between 059-391 and 392]

    10 Apr. 1803

    Ch.3 Evidence

    7

    Note

    Ends

    Ends in general

    Note continued

    The inconveniences themselves being in these eight last instances cloathed materially in a positive garb, the corresponding ends - the ends consisting in the avoidance of these respective inconveniences would if the same plan of nomenclatures were pursued without variation be required to be cloathed in a negative garb; as thus. N o 2. Non-application of punishment where not due: N o 4. Non-application of satisfaction where not due; N o 6. Non-collation of rights where not due. N o 7. Non-occasionment of expence where not necessarily /unnecessary/; N o 8. Non-occasionment of vexation (miscellaneous) where not necessary. N o 9. Non-delay - or non-occasionment of delay, where unnecessary: N o 10. Non-precipitation, or avoidance of precipitation. N o 11. Non-intricacy, or avoidance of intricacy /to produce intricacy/.

    Note

    These observations /speculations/ relative to the conversion of terms and [...?] of the propositions into the composition of which they enter from the negative form into the positive and vice versâ, are analogous to some of the speculations exhibited in the books called /which under the name of/ Logical compounds are studied in the English Universities books which thought they bear on the title page the art or science of logic taken without distinction, and consequently in its whole extent, are confirmed in their views to that branch which is properly termed Dualities[?], and to which whatever instruction is given referable to any other branch is made subservient. All laws, as such being so many manifestations of will, so much of logic as applies itself, to the matter of the laws - to the field of legislation, and to the exertions /labours/ in that field, has been proposed already to be stated the logic of the will. See Logist. liv.4[?] Pen. Vol. │ │ Ch. │ │
  • Title: [15 Apr. 1803 Evidence Ends]
    Description: 15 Apr. 1803

    Evidence

    Ends

    'Order

    I.6. Inconveniences from undue decision

    1. Undue decision. 2. Failure of Justice.

    In undue decision we may observe a cause or source from /in/ which the several inconveniences of the first order take their rise all of them /each of them/: which of them it shall be in each instance it shall be depends partly on the nature of the cause - viz: whether penal or non-penal - partly on the side of the cause to the prejudice of which the inconvenience redounds affected and prejudiced by the inconvenience - viz. whether it be that of the plaintiff or that of the defendant.

    Postpone to Justice & Injustice

    In N o. 1, 3 and 5. Punishment not applied where due; N o 3; satisfaction not applied where due; and N o 5: Rights not conferred where due - these three /are the/ inconveniences are indicated /the indication of which is stated /comprehended// by the common expression - failure of justice.

    Undue decision is not however the only proximate cause from which these three inconveniences are capable of taking their rise.

    Non-decision - though negative in its description - is a source from which they are equally capable of taking their rise. Negative as it is in its complexion it is even much more prolific - much more efficient than the other positive one.

    Non-decision itself has for one of its causes - and that by far the most prolific and efficient - non-complaint A very few cases excepted - too few to be worth noticing for /to/ any other purpose /end/ than that of avoiding /escaping/ the charge /imputation/ of incorrectness - the motions of the Judge are dependent on those of the Plaintiff. No piper, no dance. By possessing /In virtue of the exclusive possession to him of/ the initiative, the plaintiff has /possesses/ an original negative on the decision of the Judge. Whatever, by fear or otherwise prevents a man, in any instance from coming forward in the character of a plaintiff to apply for justice, prevents the Judge in that instance from administering it.