“I should be extremely sorry to find that in a fictitious proceeding, instituted for the more easy attaining of justice, different rules were to obtain in the different Courts.”

Goodright v. Rich (1797), 7 T. R. 334.

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Lloyd Kenyon, 1st Baron Kenyon 92
British Baron 1732–1802

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“It was said by a very learned Judge, Lord Macclesfield, towards the beginning of this century that the most effectual way of removing land marks would be by innovating on the rules of evidence; and so I say. I have been in this profession more than forty years, and have practised both in Courts of law and equity; and if it had fallen to my lot to form a system of jurisprudence, whether or not I should have thought it advisable to establish two different Courts with different jurisdictions, and governed by different rules, it is not necessary to say. But, influenced as I am by certain prejudices that have become inveterate with those who comply with the systems they found established, I find that in these Courts proceeding by different rules a certain combined system of jurisprudence has been framed most beneficial to the people of this country, and which I hope I may be indulged in supposing has never yet been equalled in any other country on earth. Our Courts of law only consider legal rights: our Courts of equity have other rules, by which they sometimes supersede those legal rules, and in so doing they act most beneficially for the subject. We all know that, if the Courts of law were to take into their consideration all the jurisdiction belonging to Courts of equity, many bad consequences would ensue. To mention only the single instance of legacies being left to women who may have married inadvertently: if a Court of law could entertain an action for a legacy, the husband would recover it, and the wife might be left destitute: but if it be necessary in such a case to go into equity, that Court will not suffer the husband alone to reap the fruits of the legacy given to the wife; for one of its rules is that he who asks equity must do equity, and in such a case they will compel the husband to make a provision for the wife before they will suffer him to get the money. I exemplify the propriety of keeping the jurisdictions and rules of the different Courts distinct by one out of a multitude of cases that might be adduced.... One of the rules of a Court of equity is that they cannot decree against the oath of the party himself on the evidence of one witness alone without other circumstances: but when the point is doubtful, they send it to be tried at law, directing that the answer of the party shall be read on the trial; so they may order that a party shall not set up a legal term on the trial, or that the plaintiff himself shall be examined; and when the issue comes from a Court of equity with any of these directions the Courts of law comply with the terms on which it is so directed to be tried. By these means the ends of justice are attained, without making any of the stubborn rules of law stoop to what is supposed to be the substantial justice of each particular case; and it is wiser so to act than to leave it to the Judges of the law to relax from those certain and established rules by which they are sworn to decide.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

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Context: Reduced to their most pregnant difference, empiricism means the habit of explaining wholes by parts, and rationalism means the habit of explaining parts by wholes. Rationalism thus preserves affinities with monism, since wholeness goes with union, while empiricism inclines to pluralistic views. No philosophy can ever be anything but a summary sketch, a picture of the world in abridgment, a foreshortened bird's-eye view of the perspective of events. And the first thing to notice is this, that the only material we have at our disposal for making a picture of the whole world is supplied by the various portions of that world of which we have already had experience. We can invent no new forms of conception, applicable to the whole exclusively, and not suggested originally by the parts. All philosophers, accordingly, have conceived of the whole world after the analogy of some particular feature of it which has particularly captivated their attention. Thus, the theists take their cue from manufacture, the pantheists from growth. For one man, the world is like a thought or a grammatical sentence in which a thought is expressed. For such a philosopher, the whole must logically be prior to the parts; for letters would never have been invented without syllables to spell, or syllables without words to utter.
Another man, struck by the disconnectedness and mutual accidentality of so many of the world's details, takes the universe as a whole to have been such a disconnectedness originally, and supposes order to have been superinduced upon it in the second instance, possibly by attrition and the gradual wearing away by internal friction of portions that originally interfered.
Another will conceive the order as only a statistical appearance, and the universe will be for him like a vast grab-bag with black and white balls in it, of which we guess the quantities only probably, by the frequency with which we experience their egress.
For another, again, there is no really inherent order, but it is we who project order into the world by selecting objects and tracing relations so as to gratify our intellectual interests. We carve out order by leaving the disorderly parts out; and the world is conceived thus after the analogy of a forest or a block of marble from which parks or statues may be produced by eliminating irrelevant trees or chips of stone.
Some thinkers follow suggestions from human life, and treat the universe as if it were essentially a place in which ideals are realized. Others are more struck by its lower features, and for them, brute necessities express its character better.
All follow one analogy or another; and all the analogies are with some one or other of the universe's subdivisions. Every one is nevertheless prone to claim that his conclusions are the only logical ones, that they are necessities of universal reason, they being all the while, at bottom, accidents more or less of personal vision which had far better be avowed as such; for one man's vision may be much more valuable than another's, and our visions are usually not only our most interesting but our most respectable contributions to the world in which we play our part. What was reason given to men for, said some eighteenth century writer, except to enable them to find reasons for what they want to think and do?—and I think the history of philosophy largely bears him out, "The aim of knowledge," says Hegel, "is to divest the objective world of its strangeness, and to make us more at home in it." Different men find their minds more at home in very different fragments of the world.

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“It may now be easily seen how great the difference is between the institution of government, as understood by Paine and the Declaration of Independence, and the institution of the State. … The nature and intention of government … are social. Based on the idea of natural rights, government secures those rights to the individual by strictly negative intervention, making justice costless and easy of access; and beyond that it does not go.”

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Context: It may now be easily seen how great the difference is between the institution of government, as understood by Paine and the Declaration of Independence, and the institution of the State. … The nature and intention of government … are social. Based on the idea of natural rights, government secures those rights to the individual by strictly negative intervention, making justice costless and easy of access; and beyond that it does not go. The State, on the other hand, both in its genesis and by its primary intention, is purely anti-social. It is not based on the idea of natural rights, but on the idea that the individual has no rights except those that the State may provisionally grant him. It has always made justice costly and difficult of access, and has invariably held itself above justice and common morality whenever it could advantage itself by so doing.

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