10 Apr. 1803

Ch.3. Evidence

6

Note continued?

Note

Ends

Ends in general

Opposite to the idea of an inconvenience, is the idea of an end: - of an object aimed at as a mark[?] or an end, in any course of practice. /+The object aimed at in each instance is the avoidance of the inconvenience./ Accordingly taking /if instead of inconvenience we take/ the word end to express the general head, under which a number of articles to the same effect whall be arranged, there must be the same mixture of negative garbs [...?] positive; but, if we may express ourselves, the objects must change cloaths. Those which in the catalogue of inconveniences wear a positive garb, must in the catalogue of ends wear a negative garb: those which in the catalogue of inconveniences wear a negative garb, must in the catalogue of ends wear a positive garb. The inconveniences, cloathed in a negative garb, were, N o 1 punishment, not applied where due; N o 3 satisfaction not applied where due: N o 5 rights, not conferred, where due. The ends must accordingly be - application of punishment where due: -application of satisfaction, where due: collation of rights, where due. + The inconveniences cloathed in a positive garb, were - N o 2 Punishment, applied where not due; N o 4. Satisfaction applied where not due; (a); N o 6. Rights conferred where not due. (b) N o 7. Expence, occasioned where unnecessary; N o 8. Vexation miscellaneous. (viz. in any other shape than that of expence) occasioned where unnecessary; N o 9. Delay where unnecessary; N o 19. Precipitation; N o 11 Intricacy.

/ The work once done, if well done for ever. These metamorphoses will be still in memory, who Ovids [...?] ranked under Harlequins./

(a) Note

The real inconvenience consists not in the satisfaction, an article which belongs to the account of pleasure and thence of good; but the obligation of affording the satisfaction, an obligation which as such, whatsoever be the particular nature of it, belongs to the account of evil. This evil is inseparable from the good since it is only by means of the evil that the good is produced: and it is the nature of the evil in this case to outweigh the good.

(b) Notes

the main observation which has been just applied to the case of satisfaction, viz: on the score of an offence administered where not due applies, and with equal force, to the case of Rights, conferred where not due. The conferring on the party injured by an offence this or that right is moreover among the [...?], by which satisfaction may be and is administered to him on that score.

+ See [...?]. [...?].9 Pen. Vol │ │ Ch. │ │ Anxious pathologicus