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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: [23 March 1805 Evidence Security]Description: 23 March 1805 Evidence Security Ch. Procedure Technical The powers which under the natural system were necessary to render the domestic /original/ mode applicable to the purpose of public judicature, have already been brought to view. If /Supposing/ the ends of justice to have been the ends of justice /jurisprudence/ judicature, it might naturally have been expected that whatever deviations were made by men of law for their own sinister purposes from the natural system, these necessary powers /additions/ would at any rate have been made to it - made upon a regular plan and to the fullest extent. The picture of /The prospect provided by/ actual law will present a very different prospect. The [...?] /imperfection/ of the technical system will be not less conspicuous by what /the good/ it has left undone than by what /the mischief/ it has done. For bad purposes, infinite activity: for good purposes, negligence and impotence /nothing/. We have seen those things which we ought not to have done - we have left undone the things which we ought to have done.
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Title: [24 March 1804 Evidence Securities]Description: 24 March 1804 Evidence Securities Ch. Procedure Natural ''.7. Extensions for Distance By a sort of loose preconception, and antecedently to any close investigation of the subject, it will be understood /conceived/ at half a glance, that in comparison of the first mode, the second is but a [...?], and again the third in comparison of the second: and that in proportion to their deviation from the all comprehensive and all efficient simplicity of the first, the two others have but /been/ divested of a portion of their efficiency with regard to the ends of judicature: that in the instance of the 2 d a certainty of additional delay vexation and expence, together with a chance of misdecision, over and above what /any that/ have place in the first: and that in the instance of the third, the diminution of the probability /[...?]/ of right decision - no other words the encrust of the probability of misdecision is the certain result, and the encrease of the quantum of delay vexation and expence, a further contingent, but /yet/ natural enough and but too probable result. In these deviations from the present standard /model/ we see the result of necessity, as above explained /particularized/, and we see all the deviations that are capable of being justified on that ground /that can vouch necessary for their warrant and sufficient cause/. All the observations that in any way can be shewn to be subservient to the ends of justice - to the legitimate ends of judicature. Total[?] The[?] protraction[?] of this same cause is all that is necessitated by the source of [...?]
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Title: [24 March 1805 Evidence Securities]Description: 24 March 1805 Evidence Securities Ch. Procedure Technical ''. Summary & Regular# Between technical and regular there is no such coincidence as between their respective opposites, natural procedure and summary. By technical /the technical system of/ procedure I understand that system of procedure - every system of procedure that has had men of law for its authors - men in law left free to act /fashion the system/ by their own powers, in pursuit of their own personal, (what comes to the same thing) professional, and like in either case sinister, ends. By regular procedure is generally and perhaps universally understood - understood by lawyers themselves, by whom the names characteristic of the distinction between the two systems was invented, that same /self-same/ system which has just been mentioned under the name of technical. Whatever application and extent the natural - the in general summary system has received, has been given to it, with or without their approval concurrence /cooperation/, but at any rate against their interests, against their prejudices, and in spite of their reclamations. In their vocabulary, to the very man[?] [...?] the name summary is evidently /manifestly/ attached itself. By summary they understand, and wish others to understand, precipitate, and through precipitation imperfect: a system that in proportion as it is summary wants something of that which is /is deficient in those ingredients which are/ necessary to its perfection /being compleatly suited to its purpose/. That it is regarded by them with an evil eye is manifest not only by its opposition to their sinister interests - not only by their sollicitous[?] [...?], + but by this plain /simple/ and universal fact - the more they have taken[?] to avoid the adoption of /copying of/ it, notwithstanding its under[...?] possession of that [...?] of which as far as can be without the reality and the merit they are on every occasion so sollicitous to obtain the praise.
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