May 1805

Evidence

Ends

Ch. Conflict

' Practical?

That schism[?], such as it is, is the stronghold of that system of procedure, which we shall have occasion to mark out for merited public indignation, under the name of the technical.

We shall then see in a further point of view, the importance of the epithets necessary and preponderant, but particularly of the epithet necessary, employed for applying the limitation of description of the incidental ends of procedure: avoidance of vexation, expense and delay in so far as not necessary and where preponderant.

In every instance, to the avoidance of misdecision, a certain increase of vexation, expense and delay is necessary. Such on every occasion is the plea of the man of law in favour of the quantum, for the measures of those evils to which on that occasion he has given birth. Yes vexation, expense and delay are necessary: yes in a certain quantity, on every occasion, they are all necessary: but the quantum to which on this or that occasion you have introduced /given birth/ is it on the whole? and without distinction or deduction necessary? if it is sois what you should to prove. That they are all of them, and every particle of them so much evil, is too evident to bear denial: to introduce evil is an operation necessary to all government: but on every occasion in which any particle of it is either introduced or suffered, two propositions require to be made out by him by whom it is introduced, suffered or descended: that the good, for the sake of which the evil is introduced or suffered is with reference to the evil preponderant in value: and that to the purchase of the good, the evil is necessary to the purchase of the good.