date

5 July 1805 Evidence Introd
5 July 1805

Evidence

Introd. Jursiprudent

Ch. II. Vices

Inanity of Jurisprudence, considered as a science - matter not of true honour, of how as it ought to be - /but of shame./

Science of legislation, yes. But as to science of law - of jurisprudence, of law as it is, to any man who considers it with reference to the true /legitimate/ ends of law /government/, far from being an object of boast /glory/, of admiration, it can never present itself in any other light than that of grief and shame.

It is a science formed by fools and by imposture, and preserved by negligence.

In proportion as legislation advances, jurisprudence gives way and vanished /disappears/ like an unclean spirit under the wand of the magician, it vanishes at the touch of the septre.

To what circumstance is this wretched perversion of language indebted for the name and what it has of the properties of science?

Jurisprudence what has it of the properties of science? - difficulty. This difficulty what is the effect of it? to render this part of the language so much the more unfit /less suitable/ to the purposes of language. And what the cause on the part of those who made it what it is what is the cause? Imposture or imbecility: there is no other alternative.

A science which begins in vice or pity and /has vice and foolishness for the root, and knows misery/ ends in misery! A science, for the fruit of it which in proportion as men do their duty, vanishers /shrinks and gives way/; and while as soon as men have done at any time what is in their power at all times, as soon men have prevailed upon premonition[?] to treat their fellow creatures as men, instead of treating men like dogs - will have vanished altogether.

At this time of day what men of common sense and common honestly would not spurn /reject/ /willingly be through/ with indignation the imputation of being thought to value himself as his /the/ being an adept in judicial astrology? /alchemy or the flash language?/
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    In every branch of science /genuine astronomy, mechanicks, mathematicks, chemistry, medicine/ whatever difficulty there is /is to be found/ lies in the science itself. It is the work of nature, not of art: at least not of art directed to that purpose. The difficulty lies /has its seat/ in the ideas themselves that form the matter of a science. From want of skill on the part of the cultivator, that difficulty may indeed receive encrease: but when every thing has been done that can be done towards moving all such difficulties have been done, still the science will have its difficulties.

    As the human mind of man gains nourishment and strength, every genuine branch of science receives its encrease: and so long as man and man, the progression seems destined to go on without end. But jurisprudence? No sooner has the mind of man attained a certain pitch of strength, strength sufficient to compleat a work already begun, and the compliance of which is at all times in its power, the science instead of being proportionably enlarged and improved vanished altogether. It vanishes not only from the mind, but even from the duties of all men except a few collectors of curiosities[?], in whose eyes rarety gives a value to objects which have lost every other /from which every other value has evaporated/. It vanishes from earth, and takes its seat in air /in the moon/ /in the land of dreams/, along with school logic, polemical theology, alchemy, and judicial astrology.

    Psalmanazur, having composed /forged/ /fabricated/ a sham language and /published/ altered it as genuine, poured forth his soul to the public in shame and contrition before he died. Yet in Psalmanazar's imposture every thing was innocent: intention, motive, consequences, every thing. What tears ever flowed from the imposture of Psalmanazar?[?]

    When will tears cease to flow, to flow in torrents, from the impostures of jurisprudence? Then and not till then when the current of jurisprudence has ceased itself to flow.
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    Lay aside the idea of fraud and imposture, in the name of self-interest reasoning that pervades them both you will find that sort and degree that is without a rival assertion[?]: the weakness of babies and sucklings, without all /or the weakness the innocence of childhood without any of the innocence./ Look to evils to work in other branches of science in the same age, no such garbage is to be found. In mechanical in chemical science men make mistakes, but never such mistakes, the organ of reasoning /ratiocination/ may be used with more or less dexterity, but no where is it /the organ/ in itself found in a debilitated or corrupted state. Though [...?] was [...?] A chemist may arrogate to himself the glory of a discovery, which belongs to another by a prior title. But by what chemist was mendacity, when detested in other matter, were regarded with any other eye than that of [...?] and abhorrence /otherwise than with abhorrence/? What chemist was ever imprudent enough or foolish enough to say /to declare/, and that in the face of day that he could not make discoveries, if he were not permitted to tell lies?

    Yes: so long as the technical system is permitted to afflict and crush[?] /trample upon/ an otherwise enlightened people so long as they continue to view with patience the most degrading of all chasms, those which instance /bind/ /cramp/ the will through the evidence[?] of the understanding, the mind of the lawyer will be composed of the dregs of all other minds. /remain no better than the dregs of other minds./

    Religion excepted, jurisprudence is the only science - pretended science, in which the use of reason is /was/ /continues to be/ openly discountenanced, in which the adherence to unkind barbarism has been commanded /[...?]/ as a duty: in which the privilege of thinking for one's self has been made the object of monopoly for the benefit of dead men /in the hands of those that are no more/.

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    IV. Noun[?]

    Properties of the first order or primary properties - properties of the second order or secondary properties - under these different classes may be ranked all the several properties desirable in language or discourse taken at large.

    By properties of the first order understand all such properties as are in a direct way respectively conducive to one or other of all the several sorts of ends to the accomplishment of which language is in any part of it on any occasion capable of being employed and directed: and which supposing them possessed, need not for that purpose the intervention or addition of any other properties.

    These last will be found to be properties not belonging to language at large, but properties belonging in greater or less degree to this or that particular language.

    By properties of the second order understand such properties as are indeed conducive to the same ends, but no farther nor any otherwise than as being respectively contributory to the endowing of the language with one or more of the properties above designated and distinguished by the appellative name of properties of the first order.

     Find out here and enumerate[?] the several different sorts of ends or purposes with a view to which so many distinguishable properties may be desirable on the part of language, taking not of the different occasions in which the same end may be view.