058-402.xml

Title: [8 April 1805 Evidence Securities]

Description: 8 April 1805

Evidence

Securities

Summary

Ch. Procedure Natural[?]

In these political tribunals, as in the domestic, so it has happened, procedure has had for its ends, the ends of justice. Awakened /Aroused/ out of his lethargy /trance/ by the fear of different /various/ necessities /necessity/, the legislator has exerted himself and rescued the suitor out of the hands of his natural enemies and licenced plunderers /depredators/.

In domestic judicature the system of procedure having the peace and comfort of the family for its object, and for its official cause the person[?] of the head of the family, lives the pursuit of that interest of the family for its final cause.

In that branch of political judicature, in /into/ /for/ which, forced by the urgency of the occasion, the legislator has prescribed or permitted the restoration of the natural mode, that is of /which is no more than/ the domestic mode constructed /acting only/ upon a larger scale, the system having in these instances too, few as they are, had the peace and comfort of the great /this enlarged/ family for its object, and for its efficient cause the power of the head of the family, acting in these four instances in pursuit of that object, and by its own advice /the light of its own wisdom/, has had /its/ the interest of that family for its final cause. add, and the welfare of the family, so far as concerned, for its final result.

Under the name /common denomination/ of technical procedure, let us comprehend once for all every system of procedure that has been the work of /from which the characteristic features of the natural, as above delineated are excluded: which is as much as to say every system of procedure which has been the work of lawyers./

Having for its efficient cause the power of lawyers - a vertical and [...?] power of legislation committed to them or rather abandoned to them by the negligence and imbecillity of the rightful legislator it could of course, and in virtue of the universally prevalent principles of human nature, have for its object the profit capable of being extended from suits [...?] from of the possessors of that power is its final cause.

058-331.xml

Title: [10 April 1805 Evidence Securities]

Description: 10 April 1805

Evidence

Securities

Ch. Procedure Technical

''.3. Objects ulterior

The most effectual security for non-notoriety consists in non-existence. Of Jurisprudential (in English Common) Law, the characteristic /distinguishing/ property is non-existence. Jurisprudential law may be defined that sort of legal discourse, concerning law, of which the supposed purport is every where and the tenor no where. For if /of/ that which is given for law has a tenor, it is no longer jurisprudential but statute law. By an abusive application of the term law a semblance of existence, a sort of verbal existence is given to an ideal object which in fact has none. Between really existing law and this sham law, between statute law and jurisprudential law there is no more real identity, than between a real man and a man of straw, or the spectrum of a man in a phantasmorganic [...?] show.

Third[?] device of the Technical system. Keeping the rule of action in /body of the law in as great a proportion as possible, in/ the state of jurisprudential law.

Of the tenor of any article or mass of law knowledge of the existence is of no use, any further than /to [...?] as/ the purport of it is known - that is, what, in the want of a suit instituted or defended on the ground of it, would be deemed /pronounced/ to be the purport of it by the Judge. By employing for the tenor /in the composition/ of the law a sort of [...?] to which the man of law is accustomed, men /suitors/ at large in the character of suitors unaccustomed, things may be so ordered that while /of that of which/ the man of law can comprehend, or may be supposed to comprehend the purport, the purport may rendered be so obscure, as that the non-lawyer may not only not comprehend it, but despair of ever being able to comprehend it. - and thence be driven by necessity to address himself for the interpretation of it, to him who professes to comprehend it.

Third device of the Technical system: - keeping the rule of action /body of the law/ in as obscure a state s possible.

058-234.xml

Title: [12 April 1805 Evidence Securities]

Description: 12 April 1805

Evidence

Securities

Procedure Technical

One thing to be considered /consideration to be attended to/ in this view, is - that in this, as in other cases, the less the demand for design - the less the necessity of design to the production of the result, the less conclusive is the evidence by which the existence of the design is indicated by the existence of the result. +

For /In/ the production of the leading arrangements - the broad /large/ and characteristic features or feature of the system - such as the exclusion of the parties from the presence of the Judge &c. - and the substitution of the written tract of knowledge to the oral comments and confessions of parties - it can scarcely have happened, that design should have been without a leading share. But these essential points secured, the main end would scarcely be but served by the deepest design, than by accident imbecility and negligence.

Creation thus /once/ accounted for and explained, preservation presents no /not the slightest/ difficulty: in the psychological water[?] /world/, the power of the [...?] inertia is not less mighty than in physical /the than the physical/. Whatever works, under the span of sinister interest, design aided by imbecillity, have been able To erect "set up" habit and prejudice, with the support of the same ever watchful /all-powerful/ interest, care never faced any difficulty in keeping up in fact.

+ question[?] of design and imbecillity produced the result, design and prejudice have enhanced it.