30 June 1805

Evidence

Introd. Jurisprudent

Ch. [...?]

''.6. [...?] of Utility

But although in the formation of a decision on any judicial question the dictates of special utility can never be altogether neglected and set aside, yet there are several circumstances which render it impossible that under a system of judicature in which any regard is paid to prior decisions these dictates should act with a weight in any degree approaching to that with which they are capable of acting and in every days practice do act on the mind of the legislator /in the scale of legislation/. Hence it is that the comparative incapacity of being kept in a state of conformity to special utility - in other words of being subservient /in a state of subservience/ to the general end of legislation - the well being and happiness of mankind /the community/ will be found to be among the vices essentially inherent in the constitution of jurisprudential law, and as such will be noted in its place.

Moreover as this special utility will be found continually in opposition to the general utility depending upon the mischief of departing without warning from precedents i.e. from established rules, whatever special advantage may be derived from the attention paid to the dictates of special utility will be alloyed with the general mischief of uncertainty, flowing from every acknowledged departure /departure observed to have been made/ from these rules: so that this additional source /spring/ what so ever it may contribute towards bringing /directing/ the current of decisions into a right channel can not but contribute to encrease that muddiness and confusion which pours in from so many other sources.