date

28 June 1804 Procedure 14
28 June 1804

Procedure

14 (8)

Note

Ends

Ch.1

'.3. Particular Main Ends

Note to 10(b)

(b) This third end, (it may be objected) is comprehended in the second: to exhibit it in the character of a distinct one, is therefore a violation of the rules of good logic.

I answer - In jurisprudence the classificator not being, as in botany, chemistry, medicine and other branches of physical science, free to create his own terminology - his own stock of verbal signs, as the nature of the things signified, unfolds itself to view, but obliged to take up for the most part in great measure with the stock which usage has put into his hands, the scientific rules of logical division will in many cases be unavoidably to be sacrificed /made to give way/ to the established nomenclature.

Accordingly In the case on the carpet, here it is, that the right to receive satisfaction is a right to receive a service of a particular kind at the hands of the Judge: an inchoate right, which like every other inchoate right, requires the hand of the Judge to give it effect and convert it into a consummate right: and that in this consideration, the end of procedure thus detached from the two others might have been included under the second.

But this branch of the aggregate body of inchoate rights has this circumstance to distinguish it from all others /is distinguished from all others by this/: viz: that it presupposes the previous existence, and springs as it were out of the bosom, of receding injury: like the [...?] in the parable out of the lion's carcase, it is out of the strong /the offensive/ that the sweet cometh forth in this instance. The commission of the art by which some right - some consummate right /already consummate right/ - was violated - of the act by which by the prohibition put upon it by the appropriate substantive law has been converted into an offence, operates as the investitive event, conferring on the party injured the right to receive at the hands of the Judge tht sort of service by which when rendered, satisfaction for the injury will have been received by the party, administered by the Judge. A claim of satisfaction on the score of injury therefore neither of the nature of a penal suit only, and[?] of a non-penal suit only, but partakes of both.
Similar Items
  • Title: [27 April 1805 Evidence Ch.]
    Description: 27 April 1805

    Evidence

    Ch. Ends

    '.3. Procedure branch

    Particular ends.

    2. Wherever /On whatsoever occasion/ by the arrangements made /prescriptions is/ by the substantive branch of the law an inchoate right is conferred, if in /by/ virtue of those arrangements the Judge is /be/ required, as well as authorized, on demand or application to that effect made by him on whom it is conferred, to convert it into a consummate right, to consummate it a service of collation to that effect becomes due to him from the Judge. Second particular direct end or object and function of procedure - providing for the collation of rights, where due. 3. In case of an offence importing injury to an assignable individual, and that injury susceptible of satisfaction, the remedy afforded by punishment and thence by vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always, incompleat and inadequate. On the other hand whereas The suffering produced by the burthen of rendering satisfaction, producing as far as it goes the effect of punishment, is frequently altogether sufficient for and adequate to that purpose. The remedy afforded to the individual by the punishment of the injurer, and thence /that is/ in the shape of vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always incompleat and inadequate.

    Third particular direct end or object and function of procedure - providing for the administration of satisfaction, where due.
  • Title: [22 June 1804 Procedure 12]
    Description: 22 June 1804

    Procedure

    12 (6)

    Ends

    Ch.1

    '.3. Particular Main Ends

    In every case where a right, consummate or inchoate is ordered /required/ by the legislator to be conferred on any body by the Judge - the collation of such right is a service that ,ay be said to be due

    from the Judge or due to the possessor of the corresponding inchoate right.

    And here we have another branch of the main end of procedure - another particular end - collation of rights where due:

    Where the offence is of such a nature as to be productive of an injury to any assignable individual or set of individuals, punishment is not all that can be done towards repairing the breach made in the happiness of society /aggregate happiness of the community/ by the offence. Punishment, taken by itself, leaves the injured party as unhappy as it found him. if in consideration of the evil he has suffered, a portion of the matter of wealth of the means of enjoyment in any other shape be put into his hands, satisfaction is thereby said to be afforded to him. (a) If it be at the expence of the wrongdoer that the matter of satisfaction is thus administered, the obligation of rendering it operates upon the wrongdoer /him/ as a burthen, which as far as it goes /extends/, produces all the good effect of punishment

    Note

    (a) The demand for satisfaction considers in its whole extent, and in all its shapes has been laid down for the first time, in another work. It would be a [...?], and to a philanthropic eye an interesting but at the same time a melancholy spectacle /inquiry/ to observe how small a portion of the ground has been covered by the providence of the boasted law of England.  See this pursued in Evils-Causes Ch.1. Natural & [...?] - negative & positive.
  • Title: [27 April 1805 Evidence Ch.]
    Description: 27 April 1805

    Evidence

    Ch. Ends

    '.3. Procedure Branches

    Particular Ends

    What function /end/ then is there that remains what function to find business for any and what other branch of procedure - The end - the function - is the collation of rights and let the denomination of the corresponding branch of procedure, be the non-penal branch.(a) Collation of rights is a function for the exercise of which, as we have just been seeing, there exists a frequent demand a demand is frequently created in numerous instances, by delinquency: by delinquency involving or not involving injury nor[?] to a determinate individual - involving /producing/ thence or not involving /producing/, a demand for satisfaction. But neither, as we have also been seeing, are cases wanting in which without injury or delinquency in any other shape, a demand is produced for that sort of service on the part of the Judge, which consists in the collation of rights - in converting[?] a favour and at the instance of an individual, some inchoate right of his into a consummate right.