28 June 1804

Procedure

14 (8)

Note

Ends

Ch.1

'.3. Particular Main Ends

Note to 10(b)

(b) This third end, (it may be objected) is comprehended in the second: to exhibit it in the character of a distinct one, is therefore a violation of the rules of good logic.

I answer - In jurisprudence the classificator not being, as in botany, chemistry, medicine and other branches of physical science, free to create his own terminology - his own stock of verbal signs, as the nature of the things signified, unfolds itself to view, but obliged to take up for the most part in great measure with the stock which usage has put into his hands, the scientific rules of logical division will in many cases be unavoidably to be sacrificed /made to give way/ to the established nomenclature.

Accordingly In the case on the carpet, here it is, that the right to receive satisfaction is a right to receive a service of a particular kind at the hands of the Judge: an inchoate right, which like every other inchoate right, requires the hand of the Judge to give it effect and convert it into a consummate right: and that in this consideration, the end of procedure thus detached from the two others might have been included under the second.

But this branch of the aggregate body of inchoate rights has this circumstance to distinguish it from all others /is distinguished from all others by this/: viz: that it presupposes the previous existence, and springs as it were out of the bosom, of receding injury: like the [...?] in the parable out of the lion's carcase, it is out of the strong /the offensive/ that the sweet cometh forth in this instance. The commission of the art by which some right - some consummate right /already consummate right/ - was violated - of the act by which by the prohibition put upon it by the appropriate substantive law has been converted into an offence, operates as the investitive event, conferring on the party injured the right to receive at the hands of the Judge tht sort of service by which when rendered, satisfaction for the injury will have been received by the party, administered by the Judge. A claim of satisfaction on the score of injury therefore neither of the nature of a penal suit only, and[?] of a non-penal suit only, but partakes of both.