12 June 1804

Procedure

11 (5)

Ends

Ch.1

3. Particular Main Ends

In vain would rights of either kind - and in particular consummated rights be created and conferred by the legislator - in vain would the correspondent sort of offences be created - the correspondent obligations imposed - if to the violation of these rights - to the commission of these offences - to the branch of these obligations - punishment, in some shape or other, were not annexed. Punishment taken by itself as an evil: but considered as necessary to the warding off some greater evil, it operates, to the amount of the differences, as a good. But in so far as it is a good, the absence of it - the non-application of it - is an evil /a mischief - an inconvenience/. Wheresoever an offence has been committed, punishment, in some shape of other, exception made for these cases in which pardon is proper /the particular cases which call for pardon +/ may be stated as .said to be/ these: the non-application of it an inconvenience /an evil a mischief/.

Thus in subordination to the main general end of procedure /the system of procedure, we have on //a// particular end/ - Application of punishment where due application of evil under the name of punishment in a case where no punishment is due is besides the immediate evil attained with a deplorable train of evil consequences. " Hence comes another particular end subordinate to the main (a) general end of procedure: avoiding to apply punishment where not due /undue/.

+ Introd. Ch.│ │ p.│ │

Dum.[?]

" Dum.[?]

 (a) or rather collateral?