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12 April 1805
Evidence
Introd.
Judge
Such are the objects which interest, professional interest, sinister interest, seconded by full power - full power - would naturally prompt men to pursue in the construction of a system of procedure. Such are the objects which, it will be seen but too plainly, have actually been pursued uniformly pursued, and every where in the construction of the technical system of procedure.
Such at any rate are the results which have taken place, in proportion as the technical system has been rendered what it is in proportion as it deviated from the natural the domestic system that standard of perfection of the utility of which had been manifested the constructors of the technical in common with the rest of mankind, by inherent experience. In what way the several results have flowed from the several leading arrangements which from the character of the system will be seen as we advance.
From the existence of a state of things, in a certain degree, in the character of a result /an effect/, it follows not by any means that in the same degree it must have been an object and end of action, in the eyes of those by whose agency it was produced /brought into existence/. But in what degree the result was also /had also been/ an object - i.e. in what degree with relation to the description /[...?]/ of persons in question it was an object of design or at least of contemplation, in what degree a matter of mere accident, is a question /point/ of no practical importance and altogether beyond the reach of scrutiny, and happily as immaterial as it is inscrutable.
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Title: [21 April 1805 Evidence Securities]Description: 21 April 1805 Evidence Securities Ch. Procedure Technical ''.2. Objects pursued ''.2. Objects pursued /aimed at/ under the constructs of those interests. The dictates of interest being given, and the means of recognizing them in that character, not being wanting, the objects pursued under the impulse of that interest, power necessary to the pursuing them with effect being also present, will also be given. Such is the constitution of human nature Not in the case of each /every/ individual taken separately: because in consequence of the variations produced by idiosyncrasy, every sort of interest, every sort of motive, every object of desire or aversion does not act upon all men nor upon any man at all times, with exactly equal force: but this constancy and consistency of action which would in vain be looked for on the part of the individual, may be looked for with confidence in the species or class. Titius and Sempronius may be governed for the moment by this interest, the pleasure or pain /by the motive, by the motive/, by the virtue or vice, of the moment: Titius more obedient to social interests and motives frequently led by that means into virtuous course, Sempronius under the governance of self-regarding or [...?] interests and motives and thence more frequently led astray by that means into vitious courses: but of Titius and Sempronius and their brethren taken together /collectively/ it may always be predicted /affirmed/ and reckoned /acted/ upon with assurance, that the objects pursued through life, will be the objects indicated by the dictates of general interest through the whole of life: and in a word that the objects pursued in conjunction through a course of ages will be the objects indicated by the dictates of the predominant interest to /by/ the action of which they are brought upon during that space of time.
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Title: [10 April 1805 Evidence Securities]Description: 10 April 1805 Evidence Securities Ch. Procedure Technical ''.1. Definition Ch. Of the Technical System of Procedure ''.1. Under the common denomination /name/ of technical procedure let us comprehend, once for all, every system of procedure, from which the characteristic /distinguishing/ features of the natural system, as above delineated, are excluded: - which is as much as to say, every system which has been the work of lawyers /derives its existence from the power and industry of professional lawyers/. Having had for its efficient cause the powers of lawyers - a virtual though unavowed and scarce perceived power of legislation, - committed to them by the [...?] or rather abandoned to them by the negligence and imbecillity of the rightful /competent/ legislator, it would of course, and in virtue of the /a/ universally prevalent principles of human nature, have for its object, the promotion /furtherance/ of the interest - the common interest - of the persons employed in the /its/ construction of it. of the possessors of that power, for its final cause the profit capable of being extracted from it, for its final cause.
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Title: [10 April 1805 Evidence Securities]Description: 10 April 1805 Evidence Securities Ch. Procedure Technical ''.2 Ruling Interests Here as elsewhere, judging from the known /predominant/ principles of human nature, to predict /for predicting/ what the wish would be, the workman having full powers, or being left to themselves nothing more was /would have been/ necessary, than to observe /consider/ what course, in every part of the business would be most for /favourable to/ their interest, [...?] productive in the greatest degree of their own personal, or (what in this case comes to the same thing) professional and official, profit and /or/ advantage. The state of things /of the results/ by which that advantage /object/ is promoted in the highest degree the description will be very simple 1. That the aggregate mass of profit (Lawyer's profit) extracted from the aggregate mass of suits, carried on within each a given space of time, may be as great as possible. 2. That accordingly the greatest possible quantity of profit be extracted. from each suit. 3. That, of suits capable of being made to yield profit, the number be made as great as possible. 4. That of suits not capable of being made to yield profit the number be made as small as possible: sheer labour, labour without profit, being the only result afforded to the lawyer by suits thus circumstanced.
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