28 June 1804

Procedure D

17 (2)

Ends

Ch.1

'.4. Particular Collateral termination

On each occasion, on the occasion of every suit - the endeavour of the legislator in forming[?] the system of procedure, of the Judge, so far as authorized by the legislator, in administering it, will be to give birth to the several results specified as constituting those several branches of the main generic end.

On each such occasion the endeavour will in like manner be to avoid giving birth to the several results the avoidance of which constitutes the several branches of the collateral general end.

The collateral general end consists as above, in avoiding, as far as possible, to give birth to, or in other words reducing to its minimum, the evil liable to be produced by the pursuit of the main general end. The specific collateral ends will accordingly consist, in avoiding, as far as possible, to give birth to, or say in reducing to their respective minimum, the specific evils liable to be produced by the pursuit of those several branches of the main generic end.

These specific events, on the present occasion spoken of under the name of evils, will be exactly of the same nature as the several results above considered /spoken of in the character of/ as good and desirable results, when considered as constituting so many branches of the main general end. /+application by punishment, collation of right, administration of s atisfaction, as above./ The only difference respects the nature of the occasion on which, and the person to whom produced. Good and evil, or at any rate evil, are produced in both cases: but when the good and evil applied are considered as applied on the proper occasion, and to the proper persons, the good and evil are considered as respectively due, and in the aggregate mixture the good preponderates when comprehended /is considered as preponderating/.