date

26 April 1805 Evidence Ch.
26 April 1805

Evidence

Ch. Ends

'. Procedure what

General ends

To declare that in this or that case punishment or satisfaction shall or will be administered would be an operation /arrangement/ without /use or/ effect or use, unless certain determinate individuals /persons/ were fixed upon and appointed, as the persons by whose hands or by whose orders the operation shall in /on/ each several /particular/ occasion be performed. The persons the public functionaries by whose orders the operation is thus performed, are termed Judges: say in the abstract, and to save the continual repetition of details respecting the number the Judge. The functionaries by whose hands, or by whose orders in execution or under the control of superior orders issuing immediately from the Judge, the operation is performed, are or may be termed by a common appellative, subordinate or ministerial or executive officers of justice: or in the abstract as before, a subordinate, or ministerial, or executive officer of justice.

In so far /On each occasion, as often/ as punishment or satisfaction is thus administered as above, a service, it is evident, is rendered: a service which is such with reference to in each case the person or persons, to whom the enjoyment of the correspondent right is thereby secured, in so far as it is capable of being, and actually is secured
Similar Items
  • Title: [26 April 1805 Evidence Ch.]
    Description: 26 April 1805

    Evidence

    Ch. Ends.

    ' 2. Procedure, what

    General End

    '.2. Procedure, what - General end of Procedure

    In every established body of law, in whatsoever nation or political community established, two sets of arrangements may be distinguished.

    In one /One set is occupied/ /The occupation of one is/ in the creation and allotment of rights with their correspondent obligations: and thereby in creating and marking out for punishment offences, and thereby also in so far as its arrangements are conformable to the dictates of utility, in rendering services[?]. for satisfaction such offences as operating to the prejudice of assignable individuals, come under the denomination of injustice.

    In these several operations are virtually[?] but /and/ necessarily included, so many correspondent predictions (and engagements): viz. that of the rights so allotted the enjoyment will be secured - that to the acts so erected into offences and /or/ injuries, and in that quality marked out respectively for punishment and satisfaction, punishment and satisfaction shall accordingly be [...?] /applied/.

    These predictions, as towards every person interested in the fulfilment of them, that is to say, as towards every person to whom the rights the enjoyment of which is so intended or declared to be secured or allotted, have, on the part, and at the charge of the legislator the effect of engagements: inso much that if in the instance of any of the rights for the creation, allotment and security of which a correspondent offence is /has been/created, that is a correspondent obligation imposed, in the event /case/ of the obligation, not being submitted to, and thence a correspondent offence being committed, the punishment and satisfaction declared to be allotted to such offence fail of being administered, the engagement so entered into is violated.
  • Title: [27 April 1805 Evidence Ch.1]
    Description: 27 April 1805

    Evidence

    Ch.1 Ends

    '.3. Procedure branches

    Particular Ends

    The service which consists in the administering of punishment where due is the sort of service which is the most apt to exhibit itself in the shape of a service of physical execution. Numerous however and extensive /various/ are cases where it is not in this shape but in that of a service of collation that the service by which the punishment is administered manifests itself. In this case is /are/ pecuniary punishments, forfeiture of office, or other condition in life, public private, or domestic, to /of/ the profit of another person.

    It is in the cases where the service consists in the administering of satisfaction for injury that it is least apt to assume the shape of a service of physical execution, most apt to present itself in the shape of a service of collation. Why? because in general the advantage of recovering receipt /possession/ of a sum of money, or of some material subject of property - a horse, a house[?], a piece of land is the most eligible[?] shape in which satisfaction can present itself. But other shapes in which satisfaction is capable of preventing itself, besides that of computative[?] satisfaction have been consummated[?] elsewhere+: viz: honorary and vindictive. In this latter case, without the necessity of any distinct operation, it accrues /is administered/ to the party injured by the same operation by which punishment is administered.

    To which may be added military?

    + Dum.[?]
  • Title: [1823 Feb. 19 Greece Beginning]
    Description: 1823 Feb. 19

    Greece

    Beginning

    Such is the state of things the simplest in its conception which to human conception will be found more simple than any other: let enquiry be made whether it is not the most eligible © the most highly conducive etc.

    In no political state has it ever been found © in no political state does it seem likely that it should ever be found © that the things and services of persons requisite for the abovementioned purposes could by possibility be found /obtained/ at all times in sufficient abundance at the hands of persons parting from them without experiencing any sensation of reluctance. But in so far as the operation of affording supplies /the matter of it expence/ in this or any other shape has reluctance for its accompaniment, all expence is evil: in all political states as yet in existence this evil has been very considerable: and in most political states hitherto in existence it has been and continues to be so considerable as to be every but intolerable.

    Correspondent to the three branches or species of power above brought to view are so many departments: say the constitutive, the legislative, the executive departments.

    To each department the degree in which accomplishment is given to the abovementioned all©embracing and only justifiable end of government the greatest happiness of the greatest number will be as the relative or appropriate aptitude of the several functionaries employed in such department /it/

    Now there may be brought to view two immediately subordinate and consequently minor ends of government included in the abovementioned all©embracing end: Aptitude maximized; expence minimized. In /Into the compass/ these four words for shortness /memory/ sake may be condensed the designation of these two immediately subordinate and practically consecutive ends or fit objects of pursuit on the occasion of all political arrangements.