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12 April 1805
Evidence
Securities
Ch. Procedure Technical
''. Conclusion
What then? To counteract throughout the interests - to frustrate the universal wishes of mankind - could such a work thus arduous[?] to the result in any degree of accident was not design deep design /the deepest/ - was not any thing less than the most consummate and constant /preserving/ artifice any thing less than necessary altogether necessary? necessary, on the part of all persons - in all causes and at all times? what was necessary was power: and this was all.
Not it indeed. Power indeed was necessary, power alone has every where been sufficient. Genius, discernment, probity - every useful every commendable /laudable/ endowment - would have been not superfluous only but obstructive. Stupidity, the grossest stupidity, has not only been fully adequate, but in a superior not to any exclusive degree, serviceable conducive. In addition to such intelligence as was necessary to the [.../] and not less [...?] of the sinister objects, and in default /and or in/ of artifice two things and but two things are necessary - ignorance and negligence. Nonsense[?] in proportion as it is gross, thickness obscurity: obscurity in proportion as it is thick, protects fraud against detection and imposes upon the mind of the suitor - that is of men in all his other forms - the sense of his helplessness and dependence. The more compleat /reacts from sense/ /unintelligible/ the nonsense, the more injurious, the more vulnerable, and when backed with irresistible power the more awful as well as [...?], the science.
To cleanse the stable of Progress[?] required heroic, almost superhuman powers: to fill it was matter of no such difficulty, no beast too dull not to be capable of contributing his share.
The foundations of the technical system were laid everywhere in the gloom of general ignorance: when printing was unknown, and when writing the art which embraces all other arts was practiced scarce by any /by few indeed/ but those who in this way or in some other way, abused it. Stupidity, under the guidance /direction/ of interest was sufficient to rear the /for the rearing of/ the fabrik: prejudice the offspring of sinister interest, prejudice with or without its parent, has been, and would for ever be, sufficient for the preservation /upholding/ of it.
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Title: [24 March 1805 Evidence Securities]Description: 24 March 1805 Evidence Securities Ch. Procedure Technical ''.2. Turning now /If now we turn/ to the groupe of established systems /established systems of judicial procedure/, a prospect of a very different appearance /complection/ will rise to view: deviations, not limited to two in number, and neither recurred[?] to without sufficient /[...?]/ /manifest/ and /as well as/ necessary cause, neither deviation less reconcilable them the very straightest course, to the aggregate of the ends of justice, deviations not thus few not thus necessary - but infinite in number, infinite in complication and agreeing on nothing but their opposition to every one of the ends of justice. To distinguish from what is regarded as conformable to the course of nature to natural conceptions what is regarded as inconformable to it /their standard/, the word technical is in established use. Techno[?] is in the original french the word for art /[...?]/, inhuman[?], and, if the art be regarded as directed to an improper end, artifice. In natural history, a technical classification is opposed to a natural one, is under the purpose[?] of over-ruling necessity, the work of human /honest/ weakness, striving to lift up the veil of mystery spread by nature over her works /mysterious difficulty spread over the works of nature as if to cover her designs/. In jurisprudence more particularly in English jurisprudence every arrangement to which the word technical has ever been applied will be found to be the work originally of dishonest artifice, labouring in a distrust of its own creation in pursuit of its own sinister ends, repugnant /set up in opposition/ to the only legitimate ends of judicature, the ends of justice. The deviation, palpable as it is, from the ends /dictates/ of justice, is printed out /written in the plainest characters/ by the hand of nature, will of itself, to such a degree as is palpable, be but too conclusive evidence of the establishment /setting up/ of a sinister end in which the prospect /pursuit/ of the general plan of these deviations had its use. This sinister end is profit /will be found to be throughout the same/, in all its various shapes, money, consideration, power, but above all money to the contrivers and constructors of the system, in all their various capacities.
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Title: [June 1805 Evidence Introd.]Description: June 1805 Evidence Introd. Ch. False Ends - Means Where emolument is manufactured by such instruments and by such hands, reputation - (reputation of the appropriate kind, reputation of learning and wisdom) is necessary besides the value they possess on their own account, as well as power, to help form a cloak for it (for the more substantial advantage). And while business is made out of nothing, so science, deep and recondite science, adapted to that business, is to be manufactured out of nonsense. To sinister interest thus operating, in conjunction with (negligence and) imbecility may be ascribed the obscurity and uncertainty that pervade the existing systems. Concealment of the rule of action?, non-promulgation, injustice in the shape of decision on points foreign to the merits, fiction, jurisprudentiality, language technical, distorted, obsolete, every thing that can help the light of the law under a bushel or converted into an ignis fatuus - topics that will need us as we advance.
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Title: [28 January 1805 Procedure Evils]Description: 28 January 1805 Procedure Evils causes ch. Lawyers' interest Ch. Co-operation among lawyers towards the common sinister end, not accompanied by concert. Prejudice, ignorance and mala fide artifice - the proportionable shares of these causes neither possible nor ---terial to determine. Supposition of concert may useful, (---------) for singlification of the state of things which is the result in the exertions of a multitude of hands ------- through a course of ages, co-operation is one thing, concert is another. The -------, the passionate, the headstrong confound the --- object in their own mind; the disingenuous, the cunning, the insincere artfully strive /strive by artifice/ to confound them in the mind of others. He whose exertions aim at opposing barriers to the excess or abuse of power, opposing power: he whose exertions are directed to the overthrow of old-established /legitimate/, moderately, wisely and honourably exercised power: the Falklands and the Robespierres have this in common. When power is to be opposed, the language and conduct used /employed/ by the Falklands will not be always unsuitable to the purpose of the Robespierre.
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