date

17 June 1804 Procedure 6 (3
17 June 1804

Procedure

6 (3)

Ends

Ch.1

'.2. general Ends

Taken is all its several branches, the reduction of this collateral mass of evil to its least dimensions, /may be stated/ will constitute what may be termed the collateral end - the collateral general end - of the system of procedure. Collateral end expressed in brief reducing to its minimum the evil producible by the [...?] of the main end.

That whatsoever be its importance, absolute or comparative, it is not the main end - that it forms no part of the main end - and therefore ought not to be confounded with the main end, appears manifestly /plainly/ from this simple consideration: viz: that the most effectual end that veery[?] compleatly effectual as well as only effectual mode of compassing it would be to abolish /do away/ the system of procedure altogether - to have no system of procedure at all: to leave the substantive branch of the law to support itself - that is for want of the necessary support from the adjective to perish by itself: if there were no prosecutions, none of that mischief would exist, of which, over and above the mischief meant to be produced by them respectively, all prosecutions are productive.
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  • Title: [17 June 1804 Procedure 5 (20]
    Description: 17 June 1804

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    5 (20

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    '.2. General Ends

    By a law or [...?] of procedure meaning judicial procedure I understand the same thing as by an adjective law or [...?].

    In each country I understand by the system of procedure the aggregate of the laws of procedure - actually established of the adjective laws by which the mode /course/ of judicial procedure in that country is regulated. (b)

    In every country the established system of procedure professes to have, and as far as it is properly planned and constructed actually has for its end in view, the giving the intended effect to the several laws of which the substantive branch of the law in that country is composed. Main general end of adjective procedure expressed in brief - giving effect to substantive law.

    This in every country is and ought to be the main end of /pursued in and by/ the system of procedure: but in no country either is it or ought it to be the only end.

    Government, how necessary soever, is in every branch of it is an evil. In judicature the branch in question here as truly and inconsestably as in any other /of the rest/: the best system of government the best system of judicature is but a choice, in what degree soever it be a good and happy choice - of evils. In the course of the steps necessary for the giving effect to the several laws belonging to the substantive branch of the law, a quantity of evil in great and deplorable abundance can not but be produced - The compleat prevention of it being impossible, the best that can be done is the reduction of it to its minimum, its least quantity possible.

    Note (b)

    (b) Each particle of adjective law takes the place of a substantive law, in so far as the remaining part /other parts/ of the system of adjective law are employed in giving effect to it. In virtue of those parts of the system of procedure by which their respective duties are pointed[?] out subordinate /[...?]/ ministers of justice such as Sheriffs and Bailiffs in England perform their parts towards[?] the giving effect an article of substantive law - for example the law against theft for example. But to [...?] /bind[?]/ them to the fulfilment of their respective [...?]; various unpraticable[?] laws[?] [...?] [...?] [...?] prohibitive. Each of these laws being creature[?] of same species of delinquency, is in that respect a penal law, and as such a place in the substantive branch of the law, in addition to that, which it occupies in the adjective branch.
  • Title: [21 June 1804 Procedure Ends]
    Description: 21 June 1804

    Procedure

    Ends

    Ch.1

    '.3. Particular Ends

    the main geneeral end of the system of procedure taken in the aggregate is the giving effect to the system of substantive law taken in the aggregate. This result being supposed of the desirable kind (a) - a good, (speaking always with reference to the public to the community in question, taken in the aggregate) a good, a beneficial, an advantagious result - and the mass of good those produced a preponderant one - the aggregate of it outweighing the aggregate mas of evil produced by the same system - being the mass, the reduction of which to its minimum constitutes, as just mentioned /observed/ the main collateral end - any failure which on any occasion may happen to take place in the accompishment of this main end can not but be to be looked at /contemplated/ in the light of /as productive if a mass of/ evil a mischief - an inconvenience.

    (a) Note on a separate page [see 059-422]
  • 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.