5 May 1805

Evidence

Introd

Ch. 10 x Capricious Ends

Examples of this sort of end may be met with in but too great abundance in almost every system of established procedure: the difficulty is rather how to avoid meeting with. Of this sort are afforded by a great part of all those propositions with which under the name of maxims or principles books of practical established law so much abound.

 [...?] a few from Left's[?] Principia Juris.

This classification /The mode of classification/ here pursued is not altogether unanalogous to that which in another work may have been observed as applied /to have been brought to view as applicable/ to the contents of a body of law in general or of the substantive branch of it in particular. Legitimate end, the principle of utility: spurious ends, the principle of asceticism, which is opposite to it /the other/ /the former/: the principle of caprice, which when applied to the device[?] and application of the maker of reward and punishment or that of reward has been termed the principle of sympathy and antipathy[?], not uniformly opposite to the principle of utility, but independent of it, and on that account liable occasionally to run counter to it. This /To so many modifications of this, considered/ as applied to substantive law, correspond the several maxims of principles - maxims the observance of which is /constitutes/ of so many of the ends here called capricious ends, as applied to adjuctive law.