27 June 1804

Procedure

Evils causes

Ch.1 Generalia

'3. Remediable and irremediable

Inserendum here? in procedure? in evidence?

The natural causes of failure of justice /of the evils prejudicial to justice/, and of wrong-decision which if to the prejudice of the defendant may be called injustice, though in many cases unblamable /blameless/ injustice - and the collateral inconveniences incident to judicial procedure - may again be distinguished into irremediable in toto, remediable in toto, and remediable in part. The catalogue of those which are irremediable in toto will not be so extensive or multifarious as might have been imagined: since of this or that event that which can not by any human can or shall or can, or at least by any can and shall on the part of the legislator be prevented, it is seldom that the consequences prejudicial to justice may not in some way or other be alleviated.

Thus on the part of a person who has received a recent injury, death and in certain cases insanity can not by any skill on the part of the legislator, whatsoever may be to be done by the physician, be prevented. But the derivative mischief - the mischief to the family relatives of the deceased may be done away in part or even altogether, and by that means the sum total of mischief in a very considerable degree reduced - by so obvious an expedient /arrangement/ as that of continuing for the benefit of the surviving relations whatever claim /title/ to satisfaction has been /may have been/ erected by the law on that ground.