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10[?] March 1808
Letter V
'.6. Reason
Ends of Justice
Inserendumae ? Cons[...?]
II. Evils of the 2d order
I. Evils of the 2d order the mischievousness of which consists of in their being
or tending to be productive of those evils of the 1st order which are
correspondent and opposite to the direct ends of Justice, as above
7. 1. Misdecision to the prejudice of the plaintiffs (or demandants) side.
8. 2. Non-decision: - the Judge not pronouncing any decision at all on the
subject of the demand.
9. 3. Non-demand: No demand made by the person who on the occasion in question,
would had he thought fit have been intitled to make a demand: i.e. a demand of
some beneficial service to be rendered to him [...?] at the charge of some
person or persons on the defendant's side, by the Judge. At first sight, here it
may be thought is no evil produced no injustice done. In some cases no: but in
others, an evil the same in the main, as that which has misdecision or
non-decision for its cause: for instance where the cause of a man's not
demanding what is his due, is his inability to defray the expence without which
his demand can not be substantiated. See infra.
10. 4. Non-justiciability on the part of the Defendant. Though on the score of
wrong committed by him satisfaction is done from him[?] yet for some reason /by
some reasons/ or other the means of /means for/ compelling /engaging/ him to
render it, are not to be found: the person or his property to the necessary
amount are not forthcoming &c. See infra.
11. 5. Desistment on the part of the demandant. After a demand made he desists
from pursuing it, desistment may be produced by most of the causes by which
non-demand may be produced. See
Similar Items
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Title: [16 March 1808 Letter V continued]Description: 16 March 1808 Letter V continued Causes (immediate) of failure of justice 1. Misdecision: 2. Non-decision: 3. Non-demand. 4. Desistment. 5. Non-Justiciability on the part of the Defendant. Taken in the order of obviousness, such are the occurrences which present themselves as the causes to which, in the character of immediate causes, failure of justice as often as it has place to them - i.e. to some or more of them - may in each instance be ascribed. By the consideration of time, (were that the only one) a different order might perhaps be suggested: as, for instance, 1. Non-justiciability of the Defendant: 2. Non-demand: 3. Desistment: 4. Non-decision: 5. Mis-decision. On the present occasion the former of these two different orders seems best adapted to the purpose of explanation.
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Title: [23 March 1808 Letter V Ends]Description: 23 March 1808 Letter V Ends of Justice Proceeding upon this plan, I observed at the first step five distinguishable incidents in the character of immediate causes of failure of justice, as above delineated /determined/ and consequently of the three more particular evils which that general denomination may be /has been/ seen to comprehend: viz. Misdecision (on the part of the Judge to the prejudice of the plaintiff's side. 2. Non-decision [...?] in the same quarter. 3. Non-demand, on the plaintiff's side, that is on the part of him who should have been plaintiff, and who would have been but for some defect /evil/ somewhere, the effect of which is thus to deter him of his right: 4. Desistment, viz. from demand, the effect of which when taking place as it must be understood to do, before decision pronounced, in the sense as that of non-demand, in respect of the depriving the party of the benefit in question, and for want of the failure of justice to his prejudice takes /has taken/ place: 5. Non-justiciability on the part of the defendant: the condition he is being such, as to enable him to elude the power of justice. /Carrying the eye of scrutiny/ Applying the scrutiny in like manner to the discovery of the causes of that mass of injustice the pressure of which is confined as above to the defendant's side, I found in the first instance /at the first step/, misdecision, as before, and then non-defence, and lastly desistment from defence as a cause of evil matching with non-demand on the plaintiff's side: on this last side non-decision, and non-justiciability of the party on the opposite, not finding any thing to match them on the defendant's side.
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Title: [4 July 1804 Procedure or evidence]Description: 4 July 1804 Procedure or evidence Evils Ch.1 2d Order '.i. Prejudice to plff. Independent 1 Independent evils of the first class - Injustice to the prejudice of the plaintiffs /demandant's/ side -----ion of justice in its several branches non-fulfilment of the main end of judicial procedure in its /these/ several branches, viz: non-application of punishment when due - non-collation of rights when due - non-administration /rendition[?]/ of satisfaction where due. Immediate cause or causes of the 1st order. Cause 1. - Wrongful decision to the prejudice of the plaintiff's side that the effects in question have for their cause the operation there denominated, is a proposition /truth/ assented to as soon as announced, or rather before it is announced. Instead of doubling its efficiency the natural movement of the mind on this occasion is rather to ask - to what other cause - meaning immediate cause - can the effect ever be ----able? The answer to this question will be brought to view /appear/ immediately. I. Natural causes 1. Wrongful decision to the prejudice of the plaintiff's /demandant's/ side: viz: where the causes of the /such/ wrongfulness are themselves natural. See infra causes of the 3d order - Causes of wrongful decision. 2. Non-justiciability of the deft. viz: with reference to the nature of the demand - of the service demanded or that would have been demanded at the hands of the judge: - of the defendant - or of him who were it not for the known or supposed impracticability of extracting from him the service in demand (for example the ---ial of the debr. dare) or an equivalent, would have been made defendant. (a) (a) Note (a) in a separate page
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