JB_084_007.xml

Title: [[lxxxiv. 7] 1821 Novr 26 Codification]

Description: [lxxxiv. 7]

1821 Novr 26

Codification Proposal

30

?.5. Draughtsman Single

/Appendix/

III Lawyers interest

In regard to the number of such of all sorts, it is the interest of the greatest number of the community, that while the facility of obtaining the service due from Judges to the people /members of the community/ in the character of [...?] is as great as possible, the number of instances in which application is actually made for it be as small as possible: that thus the aggregate mass of evils of litigation namely expence, vexation and delay be as small as possible. It is the interest of the lawyer class that this mass be as great as possible, for the sake of that portion of the expence which goes into lawyers pockets in the shape of profit.

As it is the interest of the greatest number that of every thing the effect of which is to give encrease to the aggregate amount of the mass of evils opposite to justice namely misdecision under litigation, [...?] non©decision expence vexation and delay the quantity /aggregate amount/ in so far as it is productive of these mischievous effects be as small as possible, so it is the interest of the lawyer class that the quantity of evil in these several shapes be as great as possible.

It is therefore their interest that transgression in all shapes those excepted /except in so far/ in which it would be personally mischievous to themselves as also that disputes and disagreements among the people be as numerous /abundant/ as possible.

It is therefore their interest that improbity in every shape injustice, oppression depredation, in a word maleficence [?] in every shape in so far as it is productive of such transgressions and such disputes be as abundant as possible.

It is therefore /For the same reason,/ their interest that ignorance of the law or what is better /may be still more advantageous/ misconception of the law have place to as great an extent as possible.

For the same reason it is their interest that in so far as the /if that/ decision of the Judge has /depends upon/ Statute law for its professed of that /whatever/ part of the standard of /guide to/ decision is in the shape /state/ of Statute law that is to say of really existing law, the operation of taking inspection /the difficulty of obtaining cognizance/ of it be as difficult /great/ and as rarely performed as possible: and that therefore the aggregate mass of it be as large and as costly, and the difficulty of finding out in the aggregate mass what on the occasion in question a man has need to be acquainted with be as great as possible: and that

036_158V.xml

Title: [[036-158v] 1821 Nov. 26 Codification]

Description: [036-158v]

1821 Nov. 26

Codification Proposal

'.5 Draughtsman single

Codification in so far as comprehensive will exclude some of these evils, nullify the bad effects of the sinister interest: still however more or less opportunity of obtaining its ends will remain

One sinister interest there is which is common to all countries, and which can scarce fail to have place and operation and more or less influence in a body of this sort /thus circumstanced/ This is the interest of the lawyer class as such

On this occasion in speaking of the lawyer class it will be necessary to speak of them /consider them/ /can not be otherwise spoken of than/ as constituting one and the same /compact/ body having in all points one common interest, and that as will be seen a sinister one. Such in every country which a proposal such as this can look for acceptance is as yet the case: no man being a Judge who has not been an Advocate. In the hitherto existing state of the law this connection has been unavoidable: it is not in itself a necessary one. It will not be so in any country in which an all comprehensive and rationalized body of law executed as it is capable of being /might be/ is[?] constituted Of the direction /course/ in and of the force with which this sinister interest acts some intimation must be given, or the proof of the inaptitude of the ordinary authorities with reference to a work such as that in question would rest very incompleat would want much of the force which the nature of the case has given to it.

It is the interest of the greatest number that the state /purport/ of the law being as highly contributory as possible to the happiness of the greatest number the decision of the Judge should in each instance be as closely conformable as possible to the direction given by the text of the law, that so the power of the Judge be in as small a degree arbitrary as possible: that so the power possessed by the Judge of giving to each suit a result different from that intended by the legislature be as small as possible. in a word that the aggregate quantity of misdecision and undue refusal of decision be as small as possible It is the interest of the Judge that the power he has in his hands be as arbitrary as possible: that the fate of the suit /each cause/ be as compleatly dependent upon his particular will as possible. In a word it is the interest of the Judge that the aggregate amount of indecision and undue decision on his part at the suggestion of /in conformity/a sinister interest or prejudice of his own be as great as possible.

As this is the interest of the Judge as such that the fate of each cause or suit be as compleatly dependent upon his particular will as possible, so is /the like is/ it the interest of the lawyer of every other class

But in case of collision it is only by accident that the lawyer of any other denomination can cause his will to have effect in contrariety /opposition/ to that of the Judge.

JB_084_045.xml

Title: [[lxxxiv. 45] 1821 Decr 14 Codification]

Description: [lxxxiv. 45]

1821 Decr 14

Codification Proposal

20

Appendix

Lawyers interest

Interest of the greatest number in respect of the number of causes or suits at law

In respect of the number of causes or suits at law, it is the interest of the greatest number of the community in regard to suits between individual and individual for redress of /remedy to/ wrongs by individual to individual, it is the interest of the greatest number of individuals /what the public interest requires, is,/ that the number of such wrongs committed should be as small as possible and that from this cause the number of suits should be as small as possible. But, the number of wrongs actually committed being given, it is their interest /what it requires is/ that the number of suits instituted should in case of refusal of redress by the wrongdoer, the wrong doer having it in his power to afford redress that is to say of such as are at once [?] just and necessary civil suits, be as great as possible.: on the other hand /side/ it is their interest /what is requires is/ that in those cases in which the wrongdoer has it in his power to afford redress, the number of suits continued by his Defence in a word unjust civil defences be as small as possible: and this not only in the case of those who are without considerable injury /suffering/ able to endorse /defray/ the expence /demand [?]/ of pursuit and defence, as in the case of those who are not: in the case of solvent as well as in that of non solvent litigants,

[...?] /Next/ As to this same matter see what the The interest of the lawyer class requires, it is this, That of the suits which /in so far as/ on either side /will/ are capable of /out of the expence there exists a capacity of/ affording lawyers profit, be as great as possible: and that of those which are not capable of affording /would not afford/ lawyers profit the number be as small as possible.

That accordingly for maximising /heightening/ the number of suits the aggregate number of wrongs committed be in the aggregate as great as possible: and thus that the number of suits which are on the plaintifs side just and necessary be as large as possible. that so among them the number of those which are capable of affording lawyers profit be as great as possible.