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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.
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Title: [29 April 1804 Evidence Forthcomingness]Description: 29 April 1804 Evidence Forthcomingness Ch.3. Means Physical 3. Inspection 3. Inspection. By this word we are presented with the idea of an operation to /by/ which, considered in the light of a purely physical no degree of /scarce only/ vexation could be attached /be produced/. Corn can not at this time of day be blasted by being looked at: person or thing, no alteration of a purely physical can be produced in the object, by its being subjected to this process. By the penetrating glance of an improperly curious eye, - in a manufactory, in a library table - in a bedchamber - secrets indeed may be disclosed, secrets over and above the facts the disclosure of which a man is entitled to for the purpose of legal evidence, and the degree of vexation producible by the disclosure has no assignable limits. The case to which this operation is more particularly though not exclusively applicable, is that of written evidence. In this case the vexation producible by inspection wears a very different complexion, according to the nature of the source of the evidence /evidence/ - according as the evidence belongs to the head of contractual or other pre-appointed evidence, or that of casual evidence. In the first instance the script generally speaking can not but have been intended, or at least ought to have been intended for public inspection: for the inspection, if not of every man indiscriminately at least of every man interested in point of right /deriving a right thereto from special interest/, and at any rate of the Judge. In this other instance - as in the case of a letter, a memorandum book - a private correspondence - the matter spoken of in the script may be such as were intended to be carefully concealed from every person than the individual addressed - such as no one else has any legal interest in being acquainted with, and such as source any person could be made acquainted with without serious inconvenience and acute mental suffering to the parties to such correspondence.
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Title: [24 Jan y 1808 Jury trial There]Description: 24 Jan y 1808 Jury trial There is but one aside in which of he process called the separation of the question of law from the question of fact any precise idea can be conveyed: and from that every man whose propriety depends on the uncertainty of the law /rule of action/ will learn from with abhorrence. Concerns[?] that the whole field of legislation and judicature having been surveyed /a survey having been/ by the legislative eye, the legislator /legislative mind/ applying itself to every point and portion of that field has conceived a will, and to that will given expression by a determinate assemblage of words: the whole of the rule of is exactly[?] thus in the form of statute law, the only real law. In this state of things, a question of law can never be either more or less than a question concerning the import of one or more of these words. The question may be confined to a single word, or it may embrace /extend itself over/ any number of words: but though on a given occasion every page on the code were required to be confronted with every other, the question would still be but a question of words a question concerning the meaning of a determinate set of words. Unhappily for mankind questions [...?] question of law under the sham sort of law [...?] properly called Common Law or unwritten law, hen under real law as above described: what in this case is a question of law? it is still but a question of words, but the words are in this case the words not having been determined by the legislator, remain to be determined by somebody else: and where are they to be looked for ? not in any part of the body of real law, for by the supposition it extends not to the case.
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Title: [Feb y 1807 7 Letter II[?]]Description: Feb y 1807 7 Letter II[?] Make the most of it, the advantage you get by competition is not abolsute, it is but comparative: as between Court and Court it gives to the best qualified, or least ill qualified set of Judges, the most business: it causes each set /branch/ of Judges, or rathe /say rather/ the President if each Branch to endeavour to excell the President of the other Branch. But if both be ill qualified by Nature, competition will not remove the imperfections fixt by nature. Again. Honour being the prize, love of Honour is the spur. But where money is out of the question, and all further ascent on[?] the [...?] of honour impossible or hopeless - especially at that time of life at which the greater number of Judges will commonly be found, is honour finds a rival, growing every day stronger and stronger, which honour himself is growing every day weaker and weaker, and that is Evil. Most other loves lose strength by /divers part with strength to[?]/ time[?]: love of case[?] receives /draws/ strength from that source.
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