date

29 June 1804 Procedure C 15
29 June 1804

Procedure C

15 (6)

Ends

'.3. Partic r Collateral termination[?]

For the sake of uniformity, viz: for the purpose of enabling these three particular ends to be spoken of with the greater facility in [...?] with those which will successfully be brought to view, there will be a convenience in bringing to view three evils as respectively opposite and correspondent to the /these/ above three specific ends. Each end may in this case /way/ be said to consist in the negation or avoidance of its oppostie and correspondent evil. In the former case /mode/ the end (i.e. the proportion cumulative of the end) will be /was/ brought to view in what nay be called its positive or affirmative form /shape/ or dress /garb/: in the other / this other mode, it is brought to view/, in a negative form.

That[?] main End in the affirmative form - application of punishment where due. The same third end in the negative form - avoiding the evil consisting in the non-application of punishment, where due.

Second main end in the affirmative form. Collation of rights where due The same third end in the negative form - avoiding the evil consisting in the non-collation of rights, where due.

Third Main End in the affirmative form - administration of satisfaction where due.

The same third end in the negative form - avoiding the evil consisting in the non-administration of satisfaction, where due.
Similar Items
  • 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    Insert or omitt as superseded?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.
  • Title: [29 April 1805 Evidence Introd]
    Description: 29 April 1805

    Evidence

    Introd

    Ch. 10 Collateral

    '. Vexation from ultimate decision

    For the sake of the illustration afforded by symmetry, it seemed necessary that the indication of this counterpart and antagonist to the general direct end of procedure should be brought to view. But the image presented by it while thus taken in an undivided mass, the image presented by it will be but faint and indistinct, untill upon its depiction the three branches which it envelops are seen /discovered/ rising /springing/ out of it.

    First or modification branch of the undue vexation produced by misdecision to the prejudice of the defendants side of the cause: - administration of punishment when undue

    Second or modification branch. Collation of rights (thence imposition of correspondent non-penal obligation) where undue

    Third or modification branch - administration of satisfaction (thence composition of correspondent obligation) where undue.

    Correspondent ends /particulars/ of the system of procedure - /branches of the ultimate collateral end:/ 1. Avoiding to administer punishment where undue: 2. avoiding to confer rights, where undue: 3. avoiding to administer satisfaction, where undue.
  • Title: [28 April 1805 Evidence Ch.1]
    Description: 28 April 1805

    Evidence

    Ch.1 Ens

    '. Opposite Evils

    In the instance of each of these several ends, the attainment /fulfilment/ /accomplishment/ of it is a good, the non-attainment, non-fulfilment, non-accomplishment of it is an evil. General direct end of the system of procedure, giving effect to of the /giving fulfilment/ arrangements, predictions and engagements contained in the substantive branch of the law. Evil corresponding and opposite to that end - Inefficiency, non[?]-fulfilment of those same arrangements, predictions, engagements.

    First particular end - first branch of /Particular direct end the first: branch the first of/ the General direct end of the System of procedure - Administration of punishment, where due. Evil corresponding and opposite to this end - Non-administration of punishment where due.

    Second particular direct end; second branch of the General direct end of the System of procedure - Collation of rights, where due. Evil corresponding and opposite to this end - Non-collation of rights, where due. Third particular direct end; third branch of the General direct end of the system of procedure - Administration of satisfaction where due. Evil corresponding and opposite to this end - Non-administration of satisfaction where due. Let not this nomenclature be considered /regarded/ as so much useless sound: ample use will be /continual use will be/ seen[?] to made of it as we advance.