1821. April 18.

First Lines

Procedure

1. Law

2. Misinterpretation

2. Second cause of misdecision on the ground /question/ of law, misinterpretation of

the law:- of this or that portion of the body of the law.

In the supposition of misdecision from the operation of this cause

/misinterpretation/, the supposition of the existence of a portion of real law

applicable to the case, is likewise involved: where there is nothing to interpret, no

such thing as misrepresentation can have place.

In the first case, the evil has, for its manifest cause, negligence on the part of

the laegislator.

This negligence has not at present either justification or any the least shadow of

excuse.

In the early stages of society, the evil was not the result of negligence: the

nature of things rendered it an unavoidable one: of the particular cases presenting a

demand for legislation /no quantity/ had yet presented yetnot yet presented

themselves in any such quantity or variety capable of affording any adequate idea of

any considerable extensive much less of any all-comprehensive body of law.

All this time, as often as compensation or satisfaction for evil suffered at the

hands of another, was claimed, the judge, if he did any thing, did as he would have

done, if a law had been already made, containing the description of a genus or

species of case in which the individual case before him was comprehended, and

ordaining that, in the shape applied for should in every such individual case be

made: and so in the case of punishment.