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9 June 1805
Evidence
Introd.
Ch. Procedure Natural
Cha. Of the natural system of Procedure.
Recapitulation [and method.]
We have now been seeing that the existing systems of procedure have nowhere had the legislature for their author, have everywhere been the work of the judge - have no where been drawn up [...?] [...?] in a regular plan suggested /dictated/ by a steady and comprehensive view of the ends of justice - have every where been developed inch by inch, as occasion happened to serve.
We have now been seeing in what mode the workman occupied about this work was paid, and in what way he derived from that work a sinister interest, opposite in every point to the interest of those on whose behalf he was employed.
We have seen, that in so far as he [...?] /yielded to/ the sinister injustice given to the hand /mind/ by that sinister interest, or
We have seen in what perfect liberty he was left to follow the bait /in what compleat liberty[?] he was enabled to yield/ of that sinister interest, enabled by the plentitude of the power with which he acted, and the rediness, blessedness /ignorance, [...?]/, and hopelessness of the times in which he [...?] /[...?]/ it.
The enquiry is now nearly ripe for the passing /transition/ from reasoning to matter of fact, from the theory to practice, from the primaeval to the present state of things. It is now nearly ripe for observing whether the crop produced has born or has not born confirmable to the seed; whether from the times which the hand of the unclean spirit has been seen sawing in this field, times have accordingly been produced, as the history course must persuade us or wheat instead of tares.
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Title: [5 June 1805 Evidence Introd]Description: 5 June 1805 Evidence Introd. Procedure Natural The inquiry is now ripe, it may be thought for bringing to view the leading feature say the habitual system at least of the natural system to which the principle of corruption as above explained might have been expected to give birth; call it already for detentions sake, the behavioural system. But first let us /it will be necessary/ to bring to view the correspondent fiction of that very different system (call it the natural system) which [...?] had it not been for the vocation so offered him would have [...?] /produced/ may have produced whensoever his operations have not received disturbance from the overbearing influence of that extraneous and disastrous cause. The course taken, under the [...?] of sinister interest, and in pursuant of the sinister and, being in abberation from the true cause, the course that should have been pursued for the attainment of the legitimate ends of procedure, to shew /work out/ the abberation and shew that it is such and on what degree, we must first work out the standard, the straight course, from and with reference to which the other is an abberation or departure /or deviation/.
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Title: [1821 July 2 Codification Offer]Description: 1821 July 2 Codification Offer '. Offer Accordingly the argument /observation/ which on this occasion he submitts is this - View the situation in which I stand and then consider how far it is likely that I should knowingly or even unknowingly propose any legislative arrangement by which at the expence of the many the particular and sinister interest of the few would be advanced by which for the sake /advantage/ of any one interest or the interest of the few the interest of the many would in any degree be sacrificed. View my situation, compare it with the situation of any other individual by whom with /under/ any probability of obtaining /being regarded as entitled to/ acceptance any such offer could be made, and then say whether by any temptation to which I could /we would respectively/ be exposed to I should be more likely to yield to it than he would be. Situation is every thing: reserve for that your serious /attentive/ consideration: protestation is nothing: keep reserve for /in readiness for every thing of that sort/ your scorn and indignation. Regard it as the attempt /trick/ of sharpers to convert you into their dupes, or at the best and on the supposition of its being sincere, if it be possible that it should be sincere, regard it as the language of one whose /whose gross/ ignorance of human nature subjects him to /places him in/ the power of every fisher of men who to catch him shall think it worth his while to angle for him with this bait. to employ such bait in fishing for him /to be at the expence of such bait for catching him/
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Title: [9 Aug 1804 Procedure CB]Description: 9 Aug 1804 Procedure CB E 6a +6b Thus wretched is the tool, thus impotent to every useful purpose thus potent to every mischievous one - which lawyers in all countries /places/ and in all ages /times/, have been so well content to work with. Content? and why? because it is the tool /instrument/ of their own making - the tool of which they have the monopoly, the tool by which alone without opposition or disturbance they are enabled to work to their own ends. Boundless accordingly and shameless are the dogmas with which on all possible occasions in and out of season, they are never tired with [...?] it /of heaping on it/: as if haunted on every occasion by the consciousness of its worthlessness - apprehensive of the voice of just complaint - and seeing no reason but that /means of defence against it but in the hope/ of drowning it in the din /roar/ of exaggerated /animated/ /thunderous/ applause. For this purpose no misrepresentation is ever spared by a class of men in whose language the art /practice/ of misrepresentation stiles itself a duty, and to whom the practice of it is a daily exercise.
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