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8 April 1805
Evidence
Securities
Ch. Procedure Technical
''.2 Ruling Interests
Had the interest of the organizer of the technical system the source of law, coincided exactly with that of the members of the political community /family/ in the character of suitors, if - or without selling and stopping to look for any such exact and mathematical coincidence, had it agreed with that degree of agreement /exactness/ with which that of the head of a domestic family agrees with that of the whole family taken in the aggregate, in either case the technical system actually established would have been as /no less/ conformable and conducive to the ends of justice than the natural: or rather there would have been no such technical system at all established /no such system as the technical would ever have been established. /have come into existence./. The system established would have been the domestic system: with only such enlargements and additions, as were obvious to common sense, being indicated and [...?] and indicated by the encreased largeness of the scale. In a word it would have been what as will be seen further on the summary actually is, drawn out only into length and extended in each particular instance to the measure /extent/ indicated in that instance by such of the natural and necessary causes of complication and delay as happened to attach upon that case. +
Unfortunately the interest of the men of law is rarely coincident with, and in many points directly opposite to the interests of the suitors, and consequently to the interests of justice. By the natural system of procedure the interests of the suitors would have indeed been promoted /provided for/, and that most preferably: but his own interest but imperfectly: imperfectly indeed in comparison with that degree of perfection in which they are provided for at present: and to this [...?], and disagreement the suitor is indebted, as will be seen, for in this infinitely [...?] differences [...?] the technical is distinguished from the natural system of procedure
+ See Ch. [...?]
Similar Items
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Title: [26 Jan y 1805 Evidence Securities]Description: 26 Jan y 1805 Evidence Securities Ch. Common feature By a /the/ fundamental and initial arrangement thus described /of this sort/ the very arrangement which took place of course from the beginning of things, in the domestic tribunal of every private family, and which in the same tribunal as well as every other in which the proper ends of justice are the ends really in view will continue to be observed as long as man is man, the purposes of honest suitors on both sides, the purposes of natural, genuine, substantial justice are compleatly answered, every purpose answered, but that of the sinister interest of the man of law. Accordingly in both systems, and in both with almost compleat success, it has been his object to exclude it. Had it to the last continued to be in his power to exclude it altogether, the distinction I am about to make and the terms which serve for the expression of it would have had no place. This power has not been compleatly commensurate to his interests and his endeavours; and to this /the/ deficiency the involved[?] world is indebted for the distinction between regular and summary procedure. Regular is the inlogistic[?] epithet bestowed on that branch of the system in which the [...?] of it have continued to succeed in their endeavours to exclude form it /each cause/ the less lights the most obvious and most essential principle of justice Summary is the dyslogistic /opposite/ epithet by which they have [...?] the only mode of procedure that is either conductive or bonâ fide /really/ directed to the professed and pretended object /end/: summary, as who should say imperfect, hasty: a mode in which that term and this means have not all of them been employed which would have been necessary to enable the Judge to administer the best, compleatest, purest kind of justice.
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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.
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Title: [28 March 1805 Evidence Securities]Description: 28 March 1805 Evidence Securities 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.
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