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[...?] April 1804
Evidence
Introd. Exclusion[?]
Ch. [...?] Non-homologation
In every country more or less such has to all appearance been the policy /object/ - such at any rate has been the result. With or without determinate design no where has it been carried to a greater /so great an/ extent, no where with such prodigious // and almost compleat effect, as in the domain /field/ of English law.
No where else has the rule of action been left to so vast an extent in the state of jurisprudential law: no where has the legislator given himself less trouble to draw /take/ it out of that state /corrupt and disgraceful state/. No where has the exertions made to deceive the people in so essential a point, and to cause this [...?] /sink/ of depravity to be taken for a source of unrivalled excellence been so busy or so successful.
No where else has legislator so compleatly and avowedly resigned himself /his power/ into the hands of the men of law. No where else, [as often as any little attempt is made an amendment] is it a question so regularly put, or so premptory in its effects when put - has your proposition the approbation and assistance of the gentlemen of the law robe. No where else is the policy /maxim/ so openly avowed or so steadily adhered to - never to presume to seek any report give to the sheepfold[?] any the least, /considerable/ repair, that has not been planned or at least compleatly approved of by the wolves.
Hoc est /esit/ quam [...? ...? ...? ...?], said a lawyer of former days speaking of an arrangement by which the / / would have been placed under the guardianship of the / /. But the / / is by no means so compleatly under the power and at the mercy of the / / as the subject in his character /by the imbecility and negligence of the legislator/ of suitor has been given up in to the power, and abandoned to the mercy of the man of law. The / / has /sees/ over him the man of law: whose interest it is while both are fleeced, that neither shall be devoured. The man of law has nobody above him but the legislator: the legislator, who to whom so ever else he may be awake has been in use for ages to ? to the man of law.
Who vesp ? like may know to whom to sleep, and to whom to be awake: but who
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Title: [14 June 1804 Procedure Ch.]Description: 14 June 1804 Procedure Ch. Basis [...?] 5. Rejective Causes At the time of laying the foundations of the system, had there been in existence any such character as the legislator, having justice for his object, understanding the route /track of inquiry/ by which it was to be pursued /when it was to be attained/ - a character /person/ [...parted?] /unlimited/ by any sinister interest, or of a [...?] of mind superior to rise to the temptation, the results might have been widely different. Unfortunately, at the [...?] in question to such character has any where been in existence. This system has in no instance been the work of statute law: it has in every instance been the work of jurisprudential law: that is of professional lawyers: of judges who having their profit to draw /extract/ from the juries of the suitors and having /being[?]/ the fortunes of the suitors lying at their mercy, [...?] /[...?]/ from their situation turn advantages which in the [...?] situation every other class of men would naturally have derived from it. In a word, the sheep having been every where without a shepherd, their fate /lot/ has been every where abandoned to /determined upon by/ the wolves.
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Title: [13 August 1804 Procedure False]Description: 13 August 1804 Procedure False ends What follows? - that, if there be any connection between causes and effects, it is to these causes /circumstances/ more than to all others - more than to all others put together - that we might be lost for the cause of whichever is amiss in that vast body of which the system of procedure forms a part: but more particularly, as will be seen in that part in contradistinction to the other. And to ------ will this single cause be found to be to the ----- of accounting for the effect that the just cause of wonder will be not so much how it should have /should be/ -------, not that there is so much that will be found amiss - but how it should have happened that any thing should have been right. To committ /---- the interest/ the class of ---- that is of all mankind in their /occasional/ capacity of occasional suitors to the guardianship /management/ of the man of law, would have been exactly the same sort of policy had there been any choice, as the committing of the sheep to the guardianship of the wolf: or rather to a sort of animal who under the outer covering of the faithful guardian /defender/ of the fold, has under the change of circumstances found it necessary to change his nature from the open rapacity /voracity/ of the wolf to the more ---- and artificial /---- and disguised rapacity of the fox.
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Title: [14 June 1804 Procedure Ch.]Description: 14 June 1804 Procedure Ch. Basis [...?] 5. Rejective Causes The interests of the wolf are not more plainly and irreconcilably /diametrically/ opposite to those of the sheep, than those of the professional lawyer /have every where been/ are to those of the suitor: and to expect that at the time when the several existing /many of the several established/ plans of inquiry as/are[?] the way of judicial procedure ever instituted and brought to those present from, the interest of the suitors should have been the real object is exactly such as expectation as would be formed if it ever supposed /were any one to suppose/ that the security of the sheep would be the first object in a law[?] of march[?] prescribed by wolves. There stands the nature of the case, viewing /when viewed/considered/ a priori: viewed by the light of reason - reflected from the universally prevalent /dominant/ and universally known principles of nature, as [...fied?] by constant and universal experience. A very small share indeed of human reason applied to this subject, even this[?] among the subjects to which human reason is wont to apply itself - might have been sufficient to put the matter of doubt. Consider the matter a posteriori - back into the facts - this /these/ general conclusion of reason will find its confirmation in every page of history: to discover the sheep has every where been the first object and the first occupation of the wolves.
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