JB/047/237/001

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17 Decr 1811
Evidence

The exercise of judicature is liable to give birth to various
evils. The ends of judicature consist respectively in the avoidance
to give birth to those several evils, say in the avoidance of those evils.

The main body of the whole field of law and thence the main body of the law itself is sometimes considered
as dividing itself into three branches, viz. the non-
penal, the non-penal, and the constitutional branch.
Correspondent to this division may be the distribution
of the evils correspondent and opposite and correspondent to the ends of
judicature.

Of the ends of judicature such as are referable to correspond to correspondent
the penal and non-penal branches of law may be distinguished
out the direct and the collateral
Ends. of judicature Direct and Collateral
The Direct ends, positive and negative out those which are of the positive
and those which are of the negative stamp.

Direct Ends of judicature belonging referable to the non-penal branch
positive ends end – ends end of the positive cast, collation of rights
where due – negative ends end – ends end of the negative cast
non-collation of rights where due.

Good Direct Ends of judicature belonging to the penal
branch, positive ends administration of application of the matter of punishment
where and in such manner shape is due – administration application
of the matter of satisfaction where and in such manner as due:
negative ends, not non-administration non-application of the matter of punishment
where not due or in such shape as is not due – non administration non-application of
the matter of satisfaction where not due or in such
shape as is not due.

Note 4(a)

4(a) Commonly called civil. But civil
where employed as an adjunct to the word law, the
word civil is indiff moreover employed as signifying to signify
non-constitutional, or non-political, (with allusion to allusion made
foreign political) or non-military, or non ecclesiastical law:
and is also commonly employed to designate Rome-bred
as law and, in Rome-bred law itself, it is and as synonymous
to non-canon law. – A word which is used
promiscuously in so many different senses, – all of
them which all of them requiring to be distinguished from each other, and in the way for ease
in no not longer fit for use all of them on occasions on which they require
to be distinguished from each other – is not fit for use incapable
of answering the purpose of him who wishes to understand, or of him
who wishes to be understood.

Identifier: | JB/047/237/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-17	Marginal Summary Numbering	[[marginal_summary_numbering::4a[?]]]
Box	047	Main Headings	rationale of judicial evidence
Folio number	237	Info in main headings field	evidence
Image	001	Titles	note 4(a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e6 / f23
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15105
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