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23 June 1804 E
Procedure Evils
Ch. 1.
(1 §§. 4 Evils undesirable
§§. Other branches of the main end, normally and apparently different,
reduced to the above as being substantially the same.
On a review of the above lot of those abovementioned
collateral branches of the main collateral end of procedure the list
of them may be apt to appear incompleat.
Punishment it may occur — the lot of punishment
applied in each case any individual instance by the Judge may be to a little
in quantity — fall err in quantity or in quality: in
quantity it may be too little or too great: in respect of quality, w
whether proper or improper in quantity, it
may be applied in an improper shape.
In respect respect of/the instance the collation of rights, the case is equally
open to the like errors.
To also of course, so likewise in the case of the application of satisfaction.
The obscurity may not improperly be stated as
such, but will presently be cleared up.
By all these several cases are brought to view upon the carpet so
many compound ends: in so many compound inconveniences apply to the subject a drop of
reason, they will be decomposed, and resolved each of them
into two simple ones. The combination in each case
consists of two opposite inconveniences applications which counteracting
and neutralizing each other, have the excess only for the clear amount on the
side of inconvenience evil.
I. Punishment too Great
Reduction or Resolution
Reduced expression
Two masses one undue
the other undue
From the actual quantity
actually applied, subtract
the quantity due.
Remains the quantity in
respect of which the mischief has
taken place, coexisting in
application of punishment where undue, the application of punishment where due
II Punishment too little
Reduction or Resolution
Here application of punishment
where due to the
amount of the difference.
From the quantities due
subtract the quantity applied.
Remains the quantity
in respect of which the evil
has taken
Punishment improper in quality
Reduction or Resolution
Under the head of punishment
applied where undue, all done
to the amount of the whole quantity — actually
applied in the improper quality
three
1 Non Application of punishment
when undue
2 To the whole amount of the
quantity that ought to have
been applied of the proper
quantity there exists
2. Non-application of punishment
where due
Logically and arithmetically speaking its error in
this third case has been here as great as in either
of the other two. But At the same time in point of
practical effect, the error it is equally evident, instead
of having been doubled by the second of the two items
has in a greater or lesser degree been corrected. The
second error is taken an error in arithmetic, using
not the entire side of the account on the first, but
on the opposite.
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1800 |
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