date

24 June 1804 Procedure Ends
24 June 1804

Procedure

Ends

Ch.

'.6. Expression uniform

Compleated by the above process, the evils and /or/ inconveniences corresponding respectively to the list of particular several ends, will stand thus

1. Non-application of punishment where due Synonym [...?]

2. Non-Collation of rights where due

3. Non-reddition of satisfaction where due

4. Application of punishment, where not due

5. Collation of rights where not due: thence imposition of the correspondent burthensome obligations

6. Addition of satisfaction where not due: thence [...?] imposition of the corresponding burthensome obligations

7. Production of unnecessary vexation

8 - Expence

9. - Delay

10. - Precipitation

11 - Intricacy

12.- Mendacity and untrustworthiness in other shapes on the part of the evidence.

And to these twelve distinguishable evils correspond so many equally distinguishable ends, consisting sverally in the avoidance if these respective evils.

In the existing state of the language - of the English language at least, (a) the three main evils have /possess/ an expression belonging /applicable/ to them in common - viz: failure of justice. To The three corresponding collateral evils belongs no such equally appropriate expression - No one of them, indeed /perhaps //it is true// but may understood to receive without impropriety the appellation of injustice: but this appellation is not more /if applicable to them at all, is not/ strictly applicable to them, that is is to the three main evils comprehendible as above under the appellation /denomination/ of failure of justice.

Note (a)

(a) In /By/ the expression of failure of justice the effect alone is indicated /brought to view/, without any reference made to any person whose act is considered as the cause. In French books, we hear not so frequently of failure of justice, dedaut[?] or manquemont[?] de justice as of denial of justice - deni de justice: a phrase by which the Judge is pointed to, as the person whose act is the sole immediate cause of the obnoxious effect. But in English pprocedure failure of justice, it will be seen, for an instance in which failure of justice is the fault of the Judge as such, it is in some dozen score or hundreds of instances the fault of the legislator: the possibility of so much as applying for justice under the head of expence, not to speak of vexation and delay imposed upon it, a state of things comparatively rare.
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  • Title: [13 March 1808 Letter V §.6]
    Description: 13 March 1808

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    But the functions of the substantive branch being distinguishable into three principal divisions - giving indications of the cases in which rights shall be considered as created and possessed, and satisfaction as for correspondent wrong shall eventually be administered - of the cause[?] in which, at the requisition of a party, rights shall be conferred on him by the Judge - and of those in which at the instance of a proper person, punishment, for the more effectual prevention of wrongs shall be administered, the one object just mentioned as constituting the main end of the system of procedure will admitt of three correspondent divisions: from which result three specific or more particular ends - and all of them equally direct - 1. administration of satisfaction where due: 2. collation of rights (to be conferred by the Judge) where due: and administration of punishment where due.

    These being proper ends of the system of procedure, judicial procedure may with equal propriety be termed proper ends of judicature: and these appear to be of the number of those ends which are commonly in view on the part of those who speak under the appellation of ends of justice.

    To the results correspondent and opposite to the results designated by these ends, viz. non-administration of satisfaction where due - non-collation of rights where due, and non-administration of punishment where due, no one, it is supposed, will refuse the appellation of evils - injustice or modification of injustice - acts of injustice - evils opposite and correspondent to those several ends of justice.
  • Title: [15 March 1808 Letter V §.6]
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    Here then we have nine ends of judicature and judicial procedure, in three knots, with three articles in each knot: the first knot composed of three positive ends; the two others, each of them of three negative. To compare them together we must proceed as arithmeticians do in some cases, and give to all a common shape or denomination; and that a negative one: consider as constituted by so many opposite and correspondent evils not only the two knots of negative ends, but the component articles in the knot of positive ends: designations accordingly, these last by the appellation of ends having for their correspondent and opposite evils, non-administration of satisfaction where due, non-collation of rights where due, non-administration of punishment where due.

    This much being promised, now comes the practical use to be made of it in the way of application.

    Looking at the evils correspondent and opposite to the direct and positive ends of justice viz. non-administration of satisfaction where due, non-collation of rights where due, and non-administration of punishment where due, we shall see, that of the two sides of which (except in the rare instances in which the Judge acts of his own motive) in every suit at law are to be found, viz. the plaintiff's and the defendant's, the plaintiff's is the only one to the prejudice of which the evils belonging to this knot can operate.
  • Title: [15 March 1808 Letter §.6. Reasons]
    Description: 15 March 1808

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    hinted at but posted[?] off.

    Looking in like manner at the evils correspondent to the first mentioned of the two groupes of negative ends of judicial procedure, viz. imposition of undue obligations corresponding and inseparably produced by administration of satisfaction where undue, imposition of undue obligations corresponding to and produced by collation of rights where undue, and imposition of undue obligations whether in the active or in the passive faculties of the individual on the score and in the name of punishment, we shall find, that the only side to the prejudice of which any article in the knot of evils correspondent to this groupe of negative ends of judicature can operate.

    Looking in like manner on the evils correspondent to the last mentioned of the two groupes of negative ends, viz: vexation, expence, and delay, we shall find them not only overhanging the course of judicial procedure throughout its whole extent but throughout that whole extent inflicting its pressure upon the parties on both sides of that course.