date

27 April 1805 Evidence Ch.1
27 April 1805

Evidence

Ch.1. Ends

' 3. Procedure Branches

Particular Ends.

With the above /this/ division of the general direct end of procedure into its principal ramifications, the three /principal/ particular direct ends, the division of /by which/ the system of procedure /is divided/ into its main branches, corresponds in some degree to a certain degree/, but does not exactly coincide. To provide for the administration of punishment where due, is the function as well as object of a particular branch of an extent no where as yet exactly determined, called the penal branch, in which another of still[?] more /equally/ indeterminate extent called the criminal is included. But in the administration of punishment, if apposite[?] in kind, service of collation of rights, is as hath already been seen, in many instances included. In the penal branch of procedure the business is /operations are/ not confined to the first of the three ends of procedure, but extends itself /in its aims, extend themselves/ in many instances to the second. Moreover In case of injury as[?] hath just been seen, the remedy without /unaccompanied by/ the remedy afforded /administered/ by satisfaction, the remedy applied /afforded/ by punishment would be incompleat. But, in a case where both remedies are in demand, it is seldom that the existence of the act of delinquency can be sufficiently established for one purpose, without being and by the same process, sufficiently established for the other. In the penal branch of procedure, the business is therefore neither confined /neither/ to the first nor to that and the second of the three ends of procedure, but in its aims, extends itself to all three.
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    For the sake of the illustration afforded by symmetry, it seemed necessary that the indication of this counterpart and antagonist to the general direct end of procedure should be brought to view. But the image presented by it while thus taken in an undivided mass, the image presented by it will be but faint and indistinct, untill upon its depiction the three branches which it envelops are seen /discovered/ rising /springing/ out of it.

    First or modification branch of the undue vexation produced by misdecision to the prejudice of the defendants side of the cause: - administration of punishment when undue

    Second or modification branch. Collation of rights (thence imposition of correspondent non-penal obligation) where undue

    Third or modification branch - administration of satisfaction (thence composition of correspondent obligation) where undue.

    Correspondent ends /particulars/ of the system of procedure - /branches of the ultimate collateral end:/ 1. Avoiding to administer punishment where undue: 2. avoiding to confer rights, where undue: 3. avoiding to administer satisfaction, where undue.
  • Title: [28 April 1805 Evidence Ch.1]
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    '. Opposite Evils

    In the instance of each of these several ends, the attainment /fulfilment/ /accomplishment/ of it is a good, the non-attainment, non-fulfilment, non-accomplishment of it is an evil. General direct end of the system of procedure, giving effect to of the /giving fulfilment/ arrangements, predictions and engagements contained in the substantive branch of the law. Evil corresponding and opposite to that end - Inefficiency, non[?]-fulfilment of those same arrangements, predictions, engagements.

    First particular end - first branch of /Particular direct end the first: branch the first of/ the General direct end of the System of procedure - Administration of punishment, where due. Evil corresponding and opposite to this end - Non-administration of punishment where due.

    Second particular direct end; second branch of the General direct end of the System of procedure - Collation of rights, where due. Evil corresponding and opposite to this end - Non-collation of rights, where due. Third particular direct end; third branch of the General direct end of the system of procedure - Administration of satisfaction where due. Evil corresponding and opposite to this end - Non-administration of satisfaction where due. Let not this nomenclature be considered /regarded/ as so much useless sound: ample use will be /continual use will be/ seen[?] to made of it as we advance.
  • Title: [27 April 1805 Evidence Ch.1]
    Description: 27 April 1805

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    '.3. Procedure branch

    Particular Ends

    We are now prepared for the [...?] /[...?]/ to be an explanation and denomination of three particular direct ends - the three principal branches of the object already described under the name of the general and direct end of the system of procedure.

    1. Punishment, though by /of and in, and by/ itself an evil, is not incapable of producing nor does it fail of sometimes producing, a clear ballance of good, viz: by the subsequent prevention of offences, and consequently /thence/ of the mischief of offences, of the same sort as the individual act of delinquency to which in each instance it is applied. In so far as it is /thus becomes/ a good - by the act by which it is administered, a service is rendered, and in so far as the rendering of that service is prescribed and predicted[?] by substantive law it may be said to be due[?]. First particular direct end or object and function of procedure or justice - providing for the application /administrations/ of punishment where due. First principal branch of the System of procedure - the penal branch.