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28 May 1805
Evidence
Introd.
Ch. Imbecillity
Of the two connected propositions that which asserts the adequacy /sufficiency/ of the cause in question to the production of the effect in question in all instances, and that which asserts the probability of the existence of a number of individual instances in which the effect has been produced without the immediate and sensible /perceptible/ operation of that cause, the truth (both of them taken together) will appear in the clearest light the more attentively we consider on the one hand the imbecillity of the human /public/ mind in general at the several periods in which the respective arrangements took their birth, on the other hand the influence of the volitional faculty over the intellectual in all ages, and in virtue of the inborn though not altogether incorrigible weakness /frailty/ of human nature.
To Them /Ask the first [...?] to him,/, if any such there be who viewing those essences[?] of imbecillity or opponent imbecillity, by which in the example of Blackstone for example, arrangements pregnant with the most flagrant /barefaced/ as well as mischievous injustice, appear to have bene justified, should be disposed to [...?] it in the class of impossible facts /impossibilities/ that nonsense so palpable should be able to pass itself for sense upon a mind so far from destitute of intellectual power, and that therefore Blackstone throughout the whole system of his who supposed apologies and defences were firing[?] alike against the laws of reason and the dictates of his own conscience, to any such person, if any such there be I would recommend it to bestow a glance of observation on the state of the human mind, even in the present day of comparative light /illumination/, within the vast precincts of German literature. Let them view the immense crowd of lettered men in that extensive region of civilized Europe, vying with each other in the admiration and imitation of the nonsense of a crack brained but indisputably honest elaborate manufacturer of nonsense by whom experience under the dyslogostic name of impression was rejected as an unsafe guide, and imagination, as the superior and only true one. Let him think of this creator ad libstrum of ideal worlds within the human microcosm - all honest all honorable men, pure, as much as it is in the nature of men's mind to be, of every particle of sinister interest, having nothing to gain from /by/ nonsense, but the homage of those who, in the character of whatsoever instruction can be made to swallow it.
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Title: [1817 Sept. 8 Not Paul 7]Description: 1817 Sept. 8 Not Paul 7 Ch. Paul’s Style Intellectual weakness, forms of In addition to irrelevant argumentation and irrelevant reference to supposed authorities stark nonsense is another form of intellectual imbecillity, of which, either by different sentences or one and the same sentence the examples are continually afforded.
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Title: [1822 May 17 Economy etc These]Description: 1822 May 17 Economy etc These things considered, to propose any such thing as a law prohibiting /inhibiting/ a member of the legislative body from accepting /the acceptance of/ any such endowed office, and this too under any such notion as that of its preventing him from doing the will of the Chief functionary /giver of these good gifts/ to the detriment of the whole community is either imbecillity or hypocrisy and imposture. It is imbecillity if by the proposer of the law in question the utter inefficiency of it to its professed end is not observed: imposture and hypocrisy if it is observed: imposture because a design /desire/ is expressed which in fact is not entertained: hypocrisy because the design /desire/ if really entertained and pursued and the gratification of it endeavoured at would be a publickly beneficial and laudable one. So far from contributing to prevent the supreme legislative functionaries from sacrificing the universal interest to their own personal and sinister interests in partnership with that of the Chief Executive functionary so far from preventing or contributing to prevent the sinister sacrifice, the tendency of any such law would be to give facility and encrease to it. How? even by producing on the part of the community at large a /the/ persuasion that by this means the formation and carrying on of the sinister partnership was /stands/ prevented, and thereby preventing men from looking out for any arrangements which should in any degree /reality as well as profession/ be preventive of it. Qui facit per alium facit per se. Qui recipit per alium recipit per se. Qui recipit patitur. Qui recipit bonum, bene patitur.
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Title: [?? April 1805 Evidence Intro]Description: ?? April 1805 Evidence Intro ch Lawyers' character ' Hypocrisy By a sort of conspiracy between craft and imbecillity, the imputation of utopianism, and -----ness /----/, has been attached to /fastened upon/ the few --- of mankind, whose labours are applied to the description of things as they ought to be /to the definition of the picture of things as they ought to be: to the endevour to improve /mitigate/ the condition of human nature. But if utopianism be understood to mean, as the ----- of the work which gives birth to it seems to require, the description /delineation/ of desirable effects represented as flowing from inappropriate or inadequate causes, utopianism is a term that would /should/ in England more particularly if not exclusively, be applied /considered/ no ex---- of the spirit which in the geography of law characterizes the pretended describers of things as they are - the Cokes, the Gilberts, and the Blackstones. In these the system of arrangements is portrayed as if not actually seated upon the pinnacle of perfection, at least fast approaching to the pinnacle /that station/ of perfection, wanting of any thing, nothing but a little ---- to put it in perfection of it /that/ part. How should it be otherwise? It is the work of men of law: of the sages of the law: the fruit of the ---- ----- lucubrations. To be governed, each man by his own interest, is the property of ordinary men - of every man who is not of the number of these sages. These men are not ordinary men: they are of quite another texture. They have no interest of their own: or if they had they would not regard it, they would not be governed by it. Their interest, the interest which on all occasions they are governed by, is /by, the only one they look to is/ no other than the interest of the community - the interests of justice. -- therefore who happens at any time to have the ----- to know what right is, has no more ---- than to show what they do: whatever they do is right: if for no other reason - and indeed there wants no other /and clearly there --- --- another/ - because they do it /it is they that do it. "The law is the perfection of reason: whatever is not reason is not law". Blackstone A record is a true /the proper/ diagram for the demonstration of right. Gilbert
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