18 May 1805

Evidence Introd

Introd

Ch.8 Application

Once more, This catalogue is it compleat and arights[?] composed? - the advantages of each existing system are given, and on the other hand /[...?] converse/ the disadvantages: the advantages /of which/ it is in possession of the disadvantages under which it labours.

It is advantageous, beneficial in proportion to the degree of its subserviency to the aggregate of all those ends.

It is disadvantageous, in proportion to the degree of its opposition in relation to the aggregate of all those ends.

The ends thus given, the properties desirable /to be wished for/ in any /each/ and every such established system are also given. To each such end corresponds a desirable property: - the property of being subservient to that end.

The ends thus given, the principles or fundamental rules by which the propriety or fitness of each established system ought to be judged of are also given. To each such end corresponds a principle. The principles by which the propriety or fitness of each given established System ought to be judged of, are the degrees of its subserviency or opposition with reference to those respective ends.

"First principles of justice"! In what legislative harangue - in what judicial argument do not we hear appeal upon appeal made to the first principles of justice? Sacred and ever adorable rules! Immutable as truth herself, recognized /proclaimed/ from pole to pole, innate as the cognitive principle, familiar to the child unborn! How many are there of them? what are they? In what volume, on what brazen tablet, or deluge-surviving pillar are they to be formed[?] What no answer? - The Digest, the Novels the [...?] the [...?] /Blackstones/, the [...?] and the [...?] all silent? - Well then - let us speak. If the above /this our/ catalogue be well-composed and compleat, then, in so far as adjective law is concerned, these are the first principles of justice.