5 Feb y 1808

on L d Eldons Bill

Appeals

Principles

Principles to be persued and points to be attende to for the purposes of suppressing malâ fide and timerarious[?] legislation, on both sides of the course, but even particularly on the defendant's side, and that not only on the stage of Appeal, but in the antecedent stage or stages.

1. Principles and Points belonging to the main body or substantive portion of the law.

1. Observe that, in each case of wrong, satisfaction, of which compensation (kuglo-jarganci damage) is but one branch, thought the principal one /+[...?]/, be provided.

2. Observe that in each case it be compleat

3. Observe that in each case, all profit from the wrong in[?] whatsoever shape received, be either in kind or in value, taken away from the wrong doer, whether /whenever/ the whole amount so taken is not and even though it be, too much to be given in the [...?] of staisfaction to the party wronged. In every instance in which it is seen that this profit will not be compleately taken away, there will remain a [...?] adequate to the production of it, and the wrong, according to all rational expectation will be committed.

4. Although all profit in the ordinary sense of the wrod profit ever pecuniary of other profit belonging to what has been called the concupiscible appetite, i.e. the self-regarding affections be taken away from the wrongdoer, yet unless the satisfaction adminstered is the purely wronged naturally at the expense of the wrongdoer be also compleat, profit in the shape in which the seat and receptacle and seat of it is in the irascible appetite i.e. in the dissocial affections, will frequently not have been compleatly taken away. As often as any such deficiency has place, the operation will, to the [...?] of delimiting[?] the conduct of the eventual wrongdoer by its preventive efficiency, be incompleat; and the wrong will take place, as if nothing had been done by the legislator for the prevention of it.