23 July 1804

Procedure (2) 2

Enquiry Mode

Ch Advantages

'.1. Generation

The ends of justice - the legitimate ends of procedure being taken as the standard of reference, the advantages of any belonging to the system in question - the natural system will consist in its several points of subservience /subservience and degrees of its conduciveness/ with relation to More respective ends.

The conduciveness of a system of procedure with reference to the ends of justice will show itself in two distinguishable practical results:- 1. the causing the ends of justice to be fulfilled with a superior degree of frequency - and in so far in the accomplishment /fulfillment/ of the end in question admitts of degrees of perfection - in a suprior degree of perfection - in the instance of such suits as come eventually to be instituted: 2. in preventing the institution of such[?], concerning which it were to be wished that they were not be as are so circumstanced that it would be for the advantage of the community that they were not /should not/ instituted. These last will be found comprized /comprehendible/ under two denomination:- 1. Malâ fide causes: i.e. causes which on the part of either demandant or defendant are accompanied with the consciousness of being in the wrong: 2. Causes accompanied with temerity: causes in which either the demand or the defence, not being chargeable with malâ fides is chargeable with temerity or rashness.