1
results found in
125 ms
Page 1
of 1
20 Sept 1803
Evidence
Instructions
Considerations
1. Interests in General
Situations
7. The same assemblage of interests that /A group of interests the same in specie as those which/ on the part of the child are produced by the relation between parent and child will on this same part be produced by the relation subsisting between the child and any of these other kindred who after the decease of the parent or even during his life time may be considered as a sort of substitute, or representative of the parent: the Grand father and Grand mother; the Uncle or Aunt; the elder Brother or Sister; and so on. To each of these relationships is /are/ attached a groupe of interests, and therefore of causes of partiality, the same in specie the same as those which attach on the relationship between Parent and Child varying only in degree. As far as can be judged /conjectured/ of by general rules, the interest will naturally be regarded as less and less strong - the cause of partiality consequently less and less efficient /powerful/, the more remote the relationship, the further off the superior relative /junior relative/ who represents the parent is removed in the line of natural relationship from the person he thus represents. This criterion however, which in the character of a general criterion is as otherwise good than inasmuch as the nature of things does not afford a better, is liable in each particular instance to be rendered incorrect and if blindly adopted fallacious by an endless variety of particular causes. Between the Vice-parent and the Vice-child (if the expression may be allowed) the connection will be stronger after the decease of the parent than during his or her life: why? because the frequency of the occasions which the junior relative may have for the particular services of the senior relative will naturally be rendered more frequent /encreased/ by the removal of him whose protection would otherwise have been the recourse in the first instance /course could naturally have been had in the first instance/. Identity of sex is another circumstance by which justness of any inference deduced from the mere circumstance of proximity /priority/ in the line of relationship would be liable to be disturbed. Age in the instance of both parties but especially in that of the junior relation the child is another. Both parents dead, to the child during infancy the services of a Grand mother of either side may for a time be more immediately useful, whichever be the sex of the child, than those of a Grand parent of the other sex. As the child advances in that career in which the difference between sex and sex grows every day wider services of a Grandparent of his own sex will be more and more valuable in comparison of those of the opposite sex. But by the infinite diversity, of variations of which the inferior circumstances of families is susceptible in respect of occupation, habit of life, and pecuniary wants and pecuniary means, the operation of even these causes of disturbances is susceptible of a vast variety of a disturbance.
Similar Items
-
Title: [21 Sept. 1803 Evidence Instructions]Description: 21 Sept. 1803 Evidence Instructions Considerations 1. Interest in general Situations Opposition Thus much for the case where the groups of naturally associated interests are supposed to be all in alliance and all clubbing[?] their respective influences in the character of causes of partiality, on the same side. but all families are liable to have their dissentions /become theatres//seats/of dissention: and by every instance of dissention one or more of these naturally associated and conjointly-acting interests may come to be thrown out of the groupe. The inference from relationship /connection/, natural or civil, permanent or casual, to partiality will be still more /appear still more plainly/ to be in fault when the circle of the same family includes both parties in the cause. The affections and thence the testimony of A witness may in this case be drawn towards the cause /side/ of the plaintiff by one species of interest; towards that of the defendant by another: towards the one by pecuniary interest; towards the other by sympathy and good will: or even to each by an interest of the same species, and in a degree not altogether susceptible /indeterminate/ of liquidation in either case: to each by expectations of pecuniary benefit, to a value on one side or on both altogether unsusceptible of liquidation. What /A consideration/ in all these cases is manifest even to the most superficial glance, is how inconsiderable and infallibly inefficient a cause of bias and partiality the expectation /assurance/of this or that certain but limited sum expectant upon the want of a cause - upon the determination of it in favour of this or that one of the parties say the plaintiff must frequently be, in comparison of the opposite interest created by the apprehension of forfeiting /losing/ the good will of the other party in the same cause, when upon that good will depends a train of services till then counted upon as certain, to a value some number of times greater than that of the money gained. A point sufficiently manifest in this case is that of presumption of partiality as deduced from interest, even pecuniary interest, were there no other species of interest, were a proper ground not merely fro placing a watchful eye upon the testimony of the witness but for shutting the door against it altogether, it is rather on the side of the defendant than on the side of the plaintiff that testimony so circumstanced should be forbidden to be produced.
-
Title: [1821. April 16. First Lines]Description: 1821. April 16. First Lines Means Distributive Equality As between child and child, on the decease of the widower or the widow, equality. This for a general rule is the most obvious, and has the advantage of simplicity. For to speak /Abstraction made/ of any difference of demand that may be regarded as produced by sex:- in favour of an elder child, in support of a claim on his part to a more than equal share, nay be adduced the longer duration /continuance of his habit of coenjoyment. But, in favour of the younger, in support of a claim on his part to a more than equal share, may be adduced the more urgent need resulting from, and proportioned to, the deficiency in his capacity of providing the means of subsistence for /from/ his own labour, in comparison of a brother or sister of maturer age. Of this latter reason, the force seems /presents itself as being/ superior to that of the former. For the solution of these and a host of other difficulties, altogether incapable of being aptly provided for, by general rules, provision may be made, and very generally is made, by a power of disposition given to the parents or one of them: and in general it may be said natural affection, guided by ordinary prudence, being in this case trusted to, for the accomplishment of the universal object - the greatest happiness of the greatest number - interested. But neither are natural affection nor prudence, in this case, in every instance, what it were to be wished they were. This considered, a course that may naturally enough present itself to the legislation is - to divide the thus vacated mass of property into two parts: one, the division of which shall be determined by the single consideration of equality: the other in relation to which the care of providing for the differences liable to be made in the proper quantum of allowance by the differences that may have place in respect of the quantity neede, and the corresponednt urgency of the demand may /is left to/ be provided for by natural affection, guided by ordinary pruudence as above. In
-
Title: [4 April 1804 Evidence Forthcomingness]Description: 4 April 1804 Evidence Forthcomingness Ch. 6. Appearance ยง 3. Cases for extraordinary 3. Sympathy of affection, from what ever cause derived: sympathy to wit with the individual whose interests would be prejudiced by the testimony, if delivered. The domestic relationship - the relation of husband and wife, husband; parent, child; brother, sister; presents the most obvious source. But if, without any such physical bind of connection, friendship, pure friendship, could send a Theseus to the infernal regions for the deliverance of his friend, more surely might it engage any common person to cross a river or some less apparent boundary, and pay a visit to some neighbouring /adjacent/ country, which perhaps he might have already had it in contemplation to visit on some other score. From these examples it is already sufficiently apparent, that cases will every now and then present themselves, in which for securing the sort of service due on this score to justice, the strongest measures that can be taken can not never be too strong.
1
results found.
Page 1
of 1