059-406.xml

Title: [28 June 1804 Procedure D 17]

Description: 28 June 1804

Procedure D

17 (2)

Ends

Ch.1

'.4. Particular Collateral termination

On each occasion, on the occasion of every suit - the endeavour of the legislator in forming[?] the system of procedure, of the Judge, so far as authorized by the legislator, in administering it, will be to give birth to the several results specified as constituting those several branches of the main generic end.

On each such occasion the endeavour will in like manner be to avoid giving birth to the several results the avoidance of which constitutes the several branches of the collateral general end.

The collateral general end consists as above, in avoiding, as far as possible, to give birth to, or in other words reducing to its minimum, the evil liable to be produced by the pursuit of the main general end. The specific collateral ends will accordingly consist, in avoiding, as far as possible, to give birth to, or say in reducing to their respective minimum, the specific evils liable to be produced by the pursuit of those several branches of the main generic end.

These specific events, on the present occasion spoken of under the name of evils, will be exactly of the same nature as the several results above considered /spoken of in the character of/ as good and desirable results, when considered as constituting so many branches of the main general end. /+application by punishment, collation of right, administration of s atisfaction, as above./ The only difference respects the nature of the occasion on which, and the person to whom produced. Good and evil, or at any rate evil, are produced in both cases: but when the good and evil applied are considered as applied on the proper occasion, and to the proper persons, the good and evil are considered as respectively due, and in the aggregate mixture the good preponderates when comprehended /is considered as preponderating/.

059-404.xml

Title: [29 June 1804 Procedure C 15]

Description: 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.

059-416.xml

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.