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4 May 1805
Evidence
Introd
Ch 2 [...?] [...?]
'.2 Importance
In this topic may be seen the fundamental part of the whole inquiry. Upon the propriety /congruity/ of this part /of the [...?]/ depend /rest/ the propriety /congruity/ of every other succeeding part.
Upon the accuracy of the conception formed in relation to the ends, depends the due choice and success of all the legislative arrangements employed in the character of means.
He who takes[?] over at a mark may fail of hitting a mark; but that he who never so much as looks at it should hit it, is every thing but impossible.
Met[?] at of the end of judicial procedure, by what legislator, by what writer whom[?] has[?] very shady sum as yet been taken? By whom[?] has any[?] compleat and correct list of them been so much as attempted to be formed?
What is necessary before all things is, - that if there be several ends, the enumeration /list formed/ of them be compleat. But that in so wide a field of action there should not be several ends, is impossible. For suppose /as/ what for strength of grasp and facility of retention[?] is altogether desirable suppose the ends howsoever numerous[?] to be reduced all of them to /under/ one expression, the one end thus constituted will not the less /nevertheless/ be distinguishable into so many particular ends as were thus tied up as it were in one bundle, for the facility /convenience/ of discourse. To frame a compleat list, and to secure to each article in it a clear as well as precise and concise expression will be /If there be/ the business of ensuing chapters
If between /as amongst/ any number of ends - particular and subordinate ends there be any mutual incompatibility or contrariety, an /the/ order of preference, or terms of reconciliation, must be adjusted before any determination can be formed /framed/, respecting the choice of legislative arrangements /means/ in the character of means. To place in a just[?] point of view whatever opposition may be observable as amongst the ends of procedure will be the business of another chapter.
[In margin:] What shall we say /will the [...?]/, if in the course of this enquiry he should find this and that and [...?] other end, in the instance of which instead of coming at the end, creative[?] established practice, should have never ceased to aim at the production or augmentation or perpetuation of the very[?] evil[?] in the repulsion of which the end consists?
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Title: [18 May 1805 Evidence Introd]Description: 18 May 1805 Evidence Introd Introd Ch.8 Application Once more, This catalogue is it compleat and arights[?] composed? - the advantages of each existing system are given, and on the other hand /[...?] converse/ the disadvantages: the advantages /of which/ it is in possession of the disadvantages under which it labours. It is advantageous, beneficial in proportion to the degree of its subserviency to the aggregate of all those ends. It is disadvantageous, in proportion to the degree of its opposition in relation to the aggregate of all those ends. The ends thus given, the properties desirable /to be wished for/ in any /each/ and every such established system are also given. To each such end corresponds a desirable property: - the property of being subservient to that end. The ends thus given, the principles or fundamental rules by which the propriety or fitness of each established system ought to be judged of are also given. To each such end corresponds a principle. The principles by which the propriety or fitness of each given established System ought to be judged of, are the degrees of its subserviency or opposition with reference to those respective ends. "First principles of justice"! In what legislative harangue - in what judicial argument do not we hear appeal upon appeal made to the first principles of justice? Sacred and ever adorable rules! Immutable as truth herself, recognized /proclaimed/ from pole to pole, innate as the cognitive principle, familiar to the child unborn! How many are there of them? what are they? In what volume, on what brazen tablet, or deluge-surviving pillar are they to be formed[?] What no answer? - The Digest, the Novels the [...?] the [...?] /Blackstones/, the [...?] and the [...?] all silent? - Well then - let us speak. If the above /this our/ catalogue be well-composed and compleat, then, in so far as adjective law is concerned, these are the first principles of justice.
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Title: [1818 Dec 7. '.2 A Parl. Reform Bill]Description: 1818 Dec 7. '.2 A Parl. Reform Bill Principles Beginning '.2. Ad[...?] or Exclude 1 3 Sept 1819. Not to be marginalized, till after the Bill is finished. 3 Sept 1819. Is not this superseded by the Decalogues? '.2. Election Evils analysed - Present state of the Constitution. By law a despotism is momentarily tempered[?] by Jury-trial - an institution, - and liberty of the press - a custom contrary to law. In the case of the here proposed plan of Parliamentary Reform, as in the case of any other plan /a plan/ for reform or improvement in any other shape, the object or end in view may be comprehended under this one expression, to wit the exclusion of evil, to wit in so far as the nature of the case /thought/ admitts of its being excluded. Within the compass of this same expression, may without impropriety be comprehended /included/ ever[?] the introduction or establishment /fixation/ of peculiar[?] good. For in comparison of any good greater than itself which the introduction or fixation of it would exclude, even that good which with the exception of that use is the greatest, may without impropriety of denomination be termed evil, and without impropriety of conduct be dealt with as such. Thus it is, that for the convenience of conception and discourse, every spring of action is by Locke comprehended under one denomination, to wit uneasiness. With what propriety it belongs not to the present purpose to inquire. Follows an analytical view /sketch/ of the evils which on the present occasion, it will be for the legislative endeavours to exclude and amongst which it will for that purpose be necessary for him to make a choice.
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Title: [3 May 1805 Evidence Introd]Description: 3 May 1805 Evidence Introd. Ch.5. Collateral Incidental '.2 Limitations '. Limitations necessary to the description of these evils. First incidental collateral end - avoidance of vexation understand where[?] unnecessary or preponderant /Meantime/ Of these several evils there is not one[?] which, in some quantity or other is not inseparably attached to the system of procedure - to every[?] suit without exception to which it can happen to be carried on under the system of arrangements of which that system is composed. To propose for an end of procedure simply and crudely - to propose in that character, without limitation - the compleat avoidance of vexation, of expence of delay - would be to propose as an object of endeavour - a good - the attainment of which is upon the face of it impossible. Important therefore as it is /Much therefore as it is to be wished/ that these evils should as much as possible be avoided and averted, it is not till after some limitation has been set to the description of them that the avoidance of them can be stated as a rational object of human endeavour /legislative industry/. For the description of this limitation two considerations present themselves.) Suppose the evil in question, suppose it either in the whole, or in any part of it, not necessary to the production of the good - in the pursuit of which it is liable to be produced: it is then so much pure evil: and in that character the possibility as well as propriety of endeavouring to exclude it, follows of course. First limitation concerning[?] the description of the evil to be avoided; the [...?] [...?] if taken, applied by the epithet unnecessary: instead of vexation simply, say vexation unnecessary, vexation where unnecessary: - and so of the rest[?] + Introd. Ch. Cases unmixt[?] for punishment.
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