date

23 March 1805 Evidence Security
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: [28 March 1805 Evidence Securities]
    Description: 28 March 1805

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    Ch. Procedure Natural

    ''.11. Advantages

    Such is the general outline of the natural system of procedure, the domestic mode rendered applicable to the purposes of public judicature by the addition of the requisite powers, and the enlargement of the scale - the extension of the field of action. In the /several/ succeeding /course/ chapters of this Book, the outline will be filled up, by bringing to view the particular arrangements which constitute the leading features of it. /of which the leading features of it are comprized./

    In this natural system, when extended and fortified as above we shall perceive, in proportion as the several arrangements with the advantages, which constitute their respective reasons, are /come to be/ developed, the standard of perfection.

    Nor yet /that/ a merely ideal standard, capable of being conceived, incapable of being realized in practice: but a system which actually is realized, in perhaps every country, in an extensive variety of instances, with inevitable success, and might be realized in all others, without any preponderant inconvenience.

    Of the advantages belonging to this system, no conception could ever have been formed, still less /nor therefore/ any description given, but for the mischiefs which produced by the deviation that have been made from it. A general and consequently slight but not unimpressive sketch of these deviations will be found in a succeeding chapter under the head of the technical system of procedure.
  • Title: [24 March 1805 Evidence Securities]
    Description: 24 March 1805

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    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.
  • Title: [7 May 1805 Evidence Introd]
    Description: 7 May 1805

    Evidence

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    Ch. 12 Procedure Natural

    ''.6. Modification necessary

    Procedure 1. Powers. 2 [...?]

    + Ch. or ''. Modification necessary to fit /adapt/ the domestic System to the purposes of political judicature.

    On considering the domestic system of procedure

    On considering with a view to its application to the exigencies /field of action/ of a political community the course /system/ of judicature pursued /observed/ in a family two considerations /reflections/ /[...?]/ /observations/ strike at once upon the mind: how beneficial it would be /it would be in the highest degree/ could /that/ any such extended application should take place; and how /that/ impracticable /impossible/ it is that, without considerable addition /modifications/ and alterations, it should be enabled to fulfil the main ends /be [...?] to the fulfilment of the aggregate mass of the ends/ of justice.

    Vexation, unnecessary or preponderant, none: expence, absolutely none: delay, none but what is absolutely necessary to the establishment of the justice of the demand /classes/ of just, of the fact of its not being done, of its injustice if not done. This much as to the collateral incidental ends of judicature and as to the [...?] ends, with their counterparts the collateral ultimate ends, if the fulfilment of those ends is, in respect of its certainty, necessarily subjected to those contingencies which have their rest in psychological [...?], at any rate it finds out in its every [...?] fictitious /artificial/ laws set up in such a manner as to render it impossible.

    Modifications the family system certainly requires to have undergone, in it can be rendered subservient /have been adapted/ to political purposes: but the modification /when as [...?] about,/ will be found to be rather in denomination than /names than/ in substance, the changes in denomination amounting to little more than what results of necessity from the enlargement of the field of action, from the encreased magnitude of the scale.