date

14 July 1805 Evidence Introd
14 July 1805

Evidence

Introd. Jurisprudent

Ch. II. Vices

But though the security from this quarter should be ever so much greater than upon an unprejudiced examination it would be found to be, it would be nothing /little/ to the purpose. For in regard to degrees of arbitrariness, the question is - not between English judicature and the judicature of other countries, the standard of obedience being in both instances in the state of jurisprudential, or in both in the state of statutory, law, but between English judicature under jurisprudential, and /the same/ English judicature under statutory law.
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  • Title: [14 July 1805 Evidence Introd]
    Description: 14 July 1805

    Evidence

    Introd. Jurisprudent

    Ch. II. Vices

    The sort of security which is the great boast of Englishmen, the security derived /depending/ on the uncorruptness of the Judges, is in some respects well founded, but in others [while the standard /under the regency/ of /jurisprudence/ obedience remains in the state of jurisprudential law] is an illusion, and so long as the reign of jurisprudence lasts, so long, so it be for ever, must it continue. Bribes, it is true, are unknown to the hands of English Judges. Against corruption in this its most sordid and palpable form, every man is safe. True: but so long as that uncertainty which is of the essence of jurisprudence lasts, it is impossible, that against mischief from this quarter, misdecision from secret favour or antipathy, even from pecuniary interest in any /many/ of its indirect and refined shapes, any man should ever be safe. In the several causes of uncertainty as above brought to view, we see so many causes of arbitrariness: so many facilities, so many [...?], to the arbitrary exercise of a power and reality, though not in appearance arbitrary: so many [...?] causes of mis-decision /injustice/, which it depends altogether upon the /scent and/ inscrutable pleasure /will/ of the Judge, to convert into essential ones. When without the smallest possibility of detention, it is in the power of any one man to inflict on any other the extreme of injury, and this power is all factitious, and capable of being done away without the smallest inconvenience, can the existence of it be regarded in the light of an inconsiderable grievance.
  • Title: [14 July 1805 Evidence Introd]
    Description: 14 July 1805

    Evidence

    Introd. Jurisprudent

    Ch. II Vices

    While in the shape of jurisprudential law, the single case of libels is sufficient to keep in a state of real insecurity one of the dearest rights, or rather imagined rights of Englishman, and to keep every man who thinks and wishes as he thinks, in the state of the Orator, who appeared with a halter about his neck.
  • Title: [14 July 1805 Evidence Introd]
    Description: 14 July 1805

    Evidence

    Introd Jurisprudent

    Ch. Note a [...?]

    1 Vices

    In this verbosity the man of law sees the best sound and most impregnable defence against any attempt that could be /[...?] that could be used/ /anything that could be/ made towards diminishing in favour of the subject the impossibility /non-lawyer the impracticability/ of becoming /making himself/ acquainted with the law /standard of obedience/.

    Every additional volume, every page, every line, adds strength to the entrenchment by which the sanctuary is /secrets of the sanctuary are/ defended against unlearned eyes.

    The time is passed, since threats were thought necessary, to prevent the secrets of the law /prescriptions of law/, from being betrayed to those, who were to be punished for not knowing them. The mass is now sufficiently defended by its own opacity /bulk/: an insurmountable physical bar [is now substituted to] /already has taken the place of/ a fragile legal one.

    The fortress of discussion is now sealed upon a rock and to the delight and triumph of the inhabitants every day adds /gives/ fresh strength to the security that has been acquired: while the disease is growing every day more and more violent, the remedy is growing every day more and more unattainable. Each day adding violence to the disease, each day adding hopelessness to the remedy.

    What more can be so much as wished for /desired/, by the most altruistic lover /admirer/ of the profession, by the bitterest enemy of mankind?

    Exactly in this state [of things] must the condition of mankind /Englishmen/ remain, so long as the rule of action /by the [...?] of the legislator/ is suffered to remain in the state of jurisprudential, by the most barbarous abuses of words that was ever made, called /misnamed/ common law.

    Note

    The superiority of physical bars to legal ones is no secret to the venerable bench /[.../] of sages./ It is thus that necessary punishment is compressed into [...?] and the limitations applied with so much anxiety by the legislator are set at angles[?] by a conspiracy between the administrator and the Judge. It is [...?] that publicly is [...?] and the [...?] [...?] of a Court which scarce affords [...?] for those whose business is dispensing [...? ...?] for the admission of unlimited multitudes.