date

22 April 1805 Evidence Securities
22 April 1805

Evidence

Securities

Procedure Technical

'' Conclusion

To suppose the advancement of professional which is as much as to say personal interest to have been on all occasions the solely operating motive listened to in the construction of the legal fabric would be to fall into the error of narrow-system-builder to ascribe too much uniformity to the motives of a species of animal that numbers versatility and inconsistency among its essential attributes /characteristic characters/ like of the paramount authority of self-regarding interest the social affection the love of justice, how much soever weakened can not be regarded as destroyed /eradicated/ out of and in every professional and official bosom.

Thus much however may be worth enquiring /attending to/, and I am apt /inclined/ to think that the result of the enquiry would be in the affirmative - viz: whether supposing the ends of justice totally and uniformly /compleatly disregarded from beginning to end/ and supposing accordingly that in the planning of the system of procedure /management of the business/ the sinister interests ruled without rival, the system could have been less beneficial to the [...?...?...?] people in their quality of suitor, more beneficial to the workmen, than it has actually been made: making allowance /made/ for these minor and accidental variations which arise /are necessarily out the necessary offspring/ of the diversities of place and time.

 Continue the subject by a specification or two either in the text or in a quote.
Similar Items
  • 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.
  • Title: [14 Jan 1805 Evidence Securities]
    Description: 14 Jan 1805

    Evidence

    Securities

    Ch. Procedure Technical

    '.1. Introduction

    An excuse /apology/ - or rather a shadow of justification /reasonable cause/ presents itself, I mention it in this place /thus beforehand/ that to the and/ for the sake /purpose/ of judging of the truth of it /what foundation there may/ /whether there be any and what foundation first/, the topic may be all along kept in view. True: says the argument /it may be said/: in the arrangements pursued in regard to the mode of extraction, and other dispractice[?] trends in the view of securing the trustworthiness of evidence, great /very considerable/ variations may be observed: yes, but these variations are no more than the apposite variations called for by the correspondent variation observable of the different cases.

    Alas no! A defence of this sort may present itself to a distant view, as a topic ready prepared in the [...?] of common place. But when /as/ the particular cases came to be looked at in this view, the inapplicability of it in each instance will be but too incontestable.

    Of the features of excellence/ congruity/ above catalogued /collected/ and brought to view there is not one that is not copied form English law /its practice of English jurisprudence/: yet so all [...?] by the stock the talents bestowed by fortune been improved, that is the bare list of those features the contamination and disgrace of the English system may already have been read by every English lawyer of any such there be who to the [...?] has added the courage to contemplate it in so unwelcome a point of view.

    So much for the man of law. He, if he durst, would be able to anticipate the contents of the succeeding pages. But for this same lawyer every thing will require to be proposed and had in order to his views /for his view/. +

    + Neither on the one part nor on the other will any thing but necessity - absolute includible /[...?]/ necessity, but to silence the [...?] /song/ of ill-deserved eulogy which from the first dawn of reason he has heard uttered from mouth to mouth by a chorus of entrusted[?] instructors[?] and their [...?].
  • Title: [22 April 1805 Evidence Securities]
    Description: 22 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.2. Objects pursued.

    what were they? - The were such as while they afforded as much trouble as the most profitable ones would have afforded less /a reduced stream[?] of/ profit or none at all. In this way then by encreasing ad libitum and without much need of thought the quantum of profit upon each suit, the aggregate of the three conflicting ends was as effectively promoted as it could be: the maximum of profit was obtained /purchased/ - the minimum of labour was expended.