date

3 May 1805 Evidence Introd
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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  • Title: [4 May 1805 Evidence Introd]
    Description: 4 May 1805

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    Suppose it, although /howsoever/ necessary, yet /all[?] the same[?]/ greater in value than the good in the endeavour for the removal of which it would /is proposed to/ be produced, and thence in no[?] other words than the evil for the repulsion of which it is proposed to be employed. In this case the result must[?] again be a portion of pure evil: a ballance on the side of evil amounting to the difference in value on the side of evil between the good produced and the evil introduced: between the evil kept out /repelled/ and the evil introduced. Second limitation narrowing still, further the description of the evil to be avoided: the limitation applied by the epithet preponderant: instead of vexation simply, say vexation unnecessary or preponderant: - and so of the rest. /With a view,/ In practice, with a view /as a means/ /for the purpose/ of forming a judgment of the propriety of established practice, the limitation is by no means a matter of indifference. Take it without limitation, the object /end/ an[?] unattainable one: /the evils opposite to it [...?], undemonstrable:/ therefore, with or without limitations, it is not worth thinking about: such is the logic of the system of abuse. Take it without limitation the end is an unattainable one: therefore in speaking of it let us avoid saying /speak of it naked avoiding to say/ any thing about limitations: - such is the policy of the system of abuse.
  • Title: [28 April 1805 Evidence Introd]
    Description: 28 April 1805

    Evidence

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    Ch 5 Collateral End incidental

    '.1. Connection

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    '.1. Vexation, Expence and delay - connection between these evils - To each corresponds an end.

    Government is but a choice of evils. it is so in every department: /in every /no one of its/ departments does this essential /indelible/ character fail to adhere /cling/ to it:/ the judicial is /affords/ no exception /will be [...?] to the rule/. The good which the system of procedure aims at as its end - the fulfilment of the arrangements taken, the securing of the benefits meant to be secured by the substantive branch of the law - can not be attained - as not so much as aimed at - the evil opposite to that end can not be averted nor so much as endeavoured to be averted, without the production of a train and that [...?] and immediate one of other /factitious/ evils.

    Vexation, Expence, and Delay, under these names - these but too well known names - may all the immediate and sensible evils produced by the pursuit of the direct end or ends of procedure be comprized /reduced/.

    Under the more comprehensive head of vexation, may /might/ even the two other evils expence and delay, have, without any impropriety been comprized, nor would they on this occasion have been detached from the general mass, were it not that being on many /various/ occasions produced by different causes, they require different remedies.

    Expence it may be observed is but a branch, a species of vexation: the vexation produced by a particular cause: viz: the obligation of parting with a portion of the matter of wealth, without an equivalent: a species but a species which upon the face of it is easily distinguishable, and which for various purposes, as will soon be seen, requires to be distinguished from the [...?].

    Even Delay are[?] is in effect but an modification of vexation: it is vexation in any /whatsoever/ shape, considered as produced by lapse of time. Delay is, in effect but an elliptical expression, employed for conciseness to signify /denote/ vexation produced by delay. Take away the vexation, you deprive /strip/ delay of the quality by which alone it is rendered /becomes/ a modification of evil, mischief, or inconvenience.
  • Title: [30 April 1805 Evidence Introd]
    Description: 30 April 1805

    Evidence

    Introd.

    Ch.5. Collateral Ends Incid.

    ' 1. Connection

    These explanations being, /After this explanation given once for all,/ to avoid continually recurring repetitions, by the word vexation will be understood no more than the residuance[?] of vexation left, after deduction /defulcation[?]/ of so much as is produced by the two particular causes just spoken of, viz: expence and delay - forced expence and lapse of time. and the [...?] genus being thus reduced[?] to a species - the three species - expence, delay, and vexation (viz: residual vexation containing the whole remainder after deduction of so much as hath been produced, understand to the parties or one of them by forced expence or lapse of time, may thus[?] stand together upon the same line.

    To each of the evils thus denominated to corresponds a distinct collateral end of the system of procedure: the avoidance of vexation constitutes one such end: the evil of vexation is consequently /accordingly/ the evil opposite to that end: and so in the case of expence, and delay.

    Further on we shall have /there will be/ occasion to speak of those other collateral ends under the name of ultimate collateral ends. Why ultimate? because it is by the ultimate decision pronounced in the cause, that the evils respectively opposite to them the evils in the avoidance of which they respectively consist, are respectively produced. To distinguish from those ultimate collateral ends, the three ends here in question, let them be called incidental: they form so many sets of incidents in the cause: throughout its whole course as it runs on, they continue springing up as it were under its feet