1
results found in
19 ms
Page 1
of 1
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/.
Similar Items
-
Title: [28 June 1804 Procedure D 16]Description: 28 June 1804 Procedure D 16 (1) Ends Ch.1 '.4. Particular Collateral termination[?] '.4. Particular collateral ends of procedure:- consisting in the avoidance of the ultimate evils producible by error in the pursiot of the main ends. avoidance to give birth to punishment, right or satisfaction where undue The several objects above spoken of under the name /description/ of the particular of specific ends of procedure, being branches of the main end, viz. giving effect and fulfilment to the fulfilment of the several predictions contained in /delivered by/ the substantive law, are all of them, it may be observed of a positive case: the events respectively endeavoured to be produced by a course of procedure directed to these ends, being so many positive events: the propositions by which the events or results in question would be [...?], being so many affirmative propositions:- punishment due has been applied: the right due has been confirmed: the satisfaction due has been administered. The generic end in question being the main end of procedure, these specific ends, being branches of that main end, are themselves so many main though specific ends. The specific ends we now come to speak of are so many branches of the object already spoken of /brought to view/ under the designation /name/ of the collateral general end. That generic end being of the negative cast, these specific ends will each of them be so too. As the description of the generic collateral end was determined by that of the main end out of which it has been seen to spring, so will the description of these branches of the one be respectively determined by that of the corresponding branches of the other.
-
Title: [17 June 1804 Procedure 6 (3]Description: 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.
-
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.
1
results found.
Page 1
of 1