27 April 1805

Evidence Introd

Ends Introd.

ch. Evils causes - non demand

(1 Suits no & quality - public interest

'' Interest of the public in respect of the number and quality of suits.

To understand what is the interest of the man of law in respect of the number and quality of suits, and in what respects /points/ it /this particular interest/ stands in opposition to the general interest of the community /to public interest/ it will be necessary in the first place to have a clear view of the dictates of public interest in this behalf /a general utility in this ground/.

I.Penal

1. The dictates of public interest /utility/ are in the first place that of the primary arrangements made by the substantive branch of the law viz: by the creation and allotment of rights, the infraction may be as far as possible.

2. In the next place that of the /----/ aggregate of instances in which notwithstanding the endeavours of the legislator infractions do take place the most pernicious may be the least numerous.

3. That among /of/ the instances in which such infractions take place those in which adequate satisfaction /the number of those in which satisfaction/ comes to be /finds of being/ administered may /shall/ be in proportion to those in which it fails of being /comes to be/ administered as small /great/ as possible.

4. That of /among/ those in which in addition to or in place of satisfaction, punishment is appointed /stands -----/ the number of them in which punishment comes accordingly to be administered may in proportion to those in which it fails of being administered, be for any given length /short space/ of time say a year taken by itself as great as possible.

5. That among those in which punishment stands thus appointed, the number of those in which it comes accordingly to be administered, may for any given long space of time, say a century, the number of infractions /instances of infraction/ in the course of that same space of time being also given, be in proportion to those in which it comes to be administered, as small as possible.