date

15 March 1808 Injustice is an appellative
15 March 1808

Injustice is an appellative, the application of which is not confined to either side. But, in practice, the application of it does not seem alike divided and determinate in regard to every one of the nine articles contained in the above list of evils correspondent and opposite to the so often mentioned ends.

In the case of those evils the seat of which is confined to the defendant's side, there is no room for doubt. That to the prejudice of him on whom undue obligations are imposed, in whatsoever nature those obligations may be, and on whatsoever score imposed, viz. punishment (the punishment being undue) satisfaction, as for wrong unduly administered to the benefit of a party stationed on the plaintiff's side, or unduly made collation of rights in favour of a party on that same side - but in any of these uses injustice has place as often as to the prejudice of an individual on the defendant's side undue obligations are imposed, are propositions the propriety of which does seem in any degree exposed to dispute.

In the same case seems to be the propriety of the appellation when applied to two at least of the three evils correspondent and opposite to the nine direct ends of judicature: viz. non-administration of satisfaction when due, and non-collation of rights when due.
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    2. Collation of rights (thence imposition of obligations) where undue

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    1. Wrongful decision alone

    N.B. Of From non-decision, as well as from wrongful decision, evils /evil consequences/ accruing to the defendant's side as well as to the defendant's /plaintiff's/ . But these evils /consequences/ are not the ultimate evils - the evils produced by the decision of the cause but only the individual ones /evils/ of vexation and expence.
  • Title: [14 March 1808 Letter V §.6]
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    §.6. Reasons

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    Thus far the ends of justice admitt of being designated, and may with most simplicity, and therefore with most propriety, be designated by appellatives of a positive cast. Thus far, but not one step further: for to the best of these ends no further addition can be made, otherwise than by reversing the logical form of the appellative, and to the positive form above brought to view substituting throughout a negative. Evils there are, and in too great [an] extent and abundance, to which the course of Judicial procedure is in every instance liable to give birth.

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    2. When the judicial service whereby the right which at the instance of a plaintiff was conferred on him by the Judge, was not due, has instead of collation of right where due, or as the power of the Judge employed as before in the imposition of obligations, unduly imposed, on the individual at whose charge and to whose loss, the benefit unduly bestowed on the plaintiff under the notion of his having a right thus to reason it was bestowed.
  • Title: [March 1808 Letter V §.6. Reasons]
    Description: March 1808

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    I. Misdecision, to the prejudice of this side of the suit.

    Of Misdecision to the prejudice of this side all the causes are to be found upon the list of the causes of misdecision to the prejudice of the plaintiff's side: but of these last there are some which will be seen not to be applicable to misdecision when to the prejudice of the defendant's side.

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    II. Non-Decision.

    In the evil produced by this species of misconduct on the part of the Judge is involved the mischief to the same effect as what would have been produced by misdecision to the prejudice of the Plaintiff's side. If to that mischief the defendant's side is not liable to be subjected by the operation of this cause. There remains the evil of the delay, by which the defendant's side is liable to suffer as well as the plaintiff's.

    For the causes of Non-Decision, see above the case in which the side that suffers by it is the plaintiff's side.