059-395.xml

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.

059-394.xml

Title: [17 June 1804 Procedure 5 (20]

Description: 17 June 1804

Procedure

5 (20

Ends

Ch.1.

'.2. General Ends

By a law or [...?] of procedure meaning judicial procedure I understand the same thing as by an adjective law or [...?].

In each country I understand by the system of procedure the aggregate of the laws of procedure - actually established of the adjective laws by which the mode /course/ of judicial procedure in that country is regulated. (b)

In every country the established system of procedure professes to have, and as far as it is properly planned and constructed actually has for its end in view, the giving the intended effect to the several laws of which the substantive branch of the law in that country is composed. Main general end of adjective procedure expressed in brief - giving effect to substantive law.

This in every country is and ought to be the main end of /pursued in and by/ the system of procedure: but in no country either is it or ought it to be the only end.

Government, how necessary soever, is in every branch of it is an evil. In judicature the branch in question here as truly and inconsestably as in any other /of the rest/: the best system of government the best system of judicature is but a choice, in what degree soever it be a good and happy choice - of evils. In the course of the steps necessary for the giving effect to the several laws belonging to the substantive branch of the law, a quantity of evil in great and deplorable abundance can not but be produced - The compleat prevention of it being impossible, the best that can be done is the reduction of it to its minimum, its least quantity possible.

Note (b)

(b) Each particle of adjective law takes the place of a substantive law, in so far as the remaining part /other parts/ of the system of adjective law are employed in giving effect to it. In virtue of those parts of the system of procedure by which their respective duties are pointed[?] out subordinate /[...?]/ ministers of justice such as Sheriffs and Bailiffs in England perform their parts towards[?] the giving effect an article of substantive law - for example the law against theft for example. But to [...?] /bind[?]/ them to the fulfilment of their respective [...?]; various unpraticable[?] laws[?] [...?] [...?] [...?] prohibitive. Each of these laws being creature[?] of same species of delinquency, is in that respect a penal law, and as such a place in the substantive branch of the law, in addition to that, which it occupies in the adjective branch.

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/.