date

April 1805 Evidence Securities
April 1805

Evidence

Securities

Ch. Procedure Technical

''.3. Objects ulterior

The quantity of lawyers profit extractable out of the aggregate of suits is encreasible in /may be encreased in either of/ two ways - by encreasing the number of suits in which the services of the man of law in his several forms must /require/ to be purchased, or by encreasing the number of instances in which it requires to be purchased on the occasion of each suit. In both ways it receives a proportionate encrease from the non-notoriety /unnotoriety/ /unscrutableness/ - the uncertainty - of the law. The greater the number of suits in existence, the greater the demand for his assistance /exertions/: the greater the number of suits in contemplation, his disposition of the law in relation to them presenting itself as indeterminate the greater the demand for his advice.
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  • Title: [10 April 1805 Evidence Securities]
    Description: 10 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.3 Objects ulterior

    9.1. A malâ fide demand makes a suit as much as a bonâ fide demand: therefore, it is the interest of the men of law requires that the number of malâ fide suits /demands/ be made as great as possible. Third object of technical procedure - to encrease /render/ the number of mala fide demands. of mala fide suits being such on the part of the demandant /plaintiff/ as great as possible.

    10.2. A mala fide defence continues a suit as much as a bonâ fide defence: therefore it is the interest of the man of law requires that the number of mala fide defences be made as great as possible. Fourth object of technical procedure - to render /encrease/ the number of malâ fide defences - of malâ fide suits being such on the part of the defendant, as great as possible.

    11.3. The quantity of profit extractable, in a given space of time, from the aggregate number of suits, being given, it is the interest of the man of law that the number of suits carried on within that time should be as small as possible: since whatever labour is not attended with profit, is needless. Fifth object of technical procedure, to render as small as possible the number of suits carried on by those whose capacity of expence affords no profit, or inferior profit as small as possible: in other words to exclude as much as possible the poorer classes, that is the great majority of the people, from the benefit of justice: - to place the great body of the people in a state of perpetual outlawry. N.B. This effect takes place in a considerable degree, without the necessity of any exertions directed to this special purpose /specially directed to this purpose. The greater the quantity /quantum/ of expense created, the less the number of those whose circumstances enable them to support it.
  • Title: [11 April 1805 Evidence Securities]
    Description: 11 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    '.3 Objects ulterior

    5. Prosecutions are suits: suits constituted by a demand made of satisfaction or punishment, or both on the occasion of an /some/ offence. The greater the number of offences committed within a given time the greater the numbers of offences liable to be prosecuted out of which prosecutions may arise. Fifth object of the technical system: to render the number of offences, (crimes of all sorts included) as great as possible.

    That the man of law his own interest in the multiplication /frequency/ of offences in general, and of those more odious offences which are distinguished by the name of crimes in particular, is manifest: for suits occasioned by offences, suits for the prosecution of crimes, are suits.

    Note

    His interest in this respect his interest is not uniform and absolute. His interest is derived from, and proportioned not to the quantity of mischief produced by the commission of them, but to the quantity of profit extractable from the prosecution of them. In a general way o speaking, it is true to say that it is his interest that as many crimes as possible be committed, because the greater the aggregate number of these that are committed, the greater will naturally be the number of those that are prosecuted. But in the commission of those of mala fide be of which it is certain that they neither will be prosecuted, nor be productive of others that will be prosecuted, he has no interest. So likewise, there be any crimes or other offences, from the prosecution of which no profit is extractable by him, weather from the defendants side of the case, nor yet from that of the prosecutor, in the multiplication of crimes and other offences of the description he has no interest.

    A man of law /lawyers/ is a man. From this character he derives a general interest, opposite to the special interest on this ground which belongs to him in the character of a man of law. As a man his interest requires that the number of crimes committed be as small, as a man of law that it be as great as possible.

    From crimes /In the commission of offences/ which are not prosecuted, crimes /of offences/ the prosecution of which affords him /if such there be/ no profit, he has no /not in the character of a man of law any/ interest: in these cases, in so far as they can be distinguished from the rest, the interest that belongs to him in the character of a man, being unballanced, will be seen to turn /dominate/ the scale.

    In the commission of offences which afford him a half-profit, profit on the prosecution of those not being extractable but from one side, in his character of man of law he will have as it were but a half-interest.
  • Title: [12 April 1805 Evidence Securities]
    Description: 12 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.3 Objects ulterior

    Every suit that takes place is with reference to each of the parties either a bonâ fide suit, or a malâ fide suit. The uncertainty of the law is the instrument by which bonâ fide suits are brought into existence /The source of bonâ fide suits, is hath just been seen, in the unnotoriety source of bona fide suits/. To the existence of Mala fide suits on the other hand the notoriety of the law, as to certain points of it is requisite: - as to certain parts of it: viz: as to /in respect of/ those arrangements from /in/ which the suitor who is not only in the wrong but himself compleatly fully /compleatly/ conscious of his being so, may behold a certainty of success.

    Every suit that takes place is either a bon fide suit, or a malâ fide suit: and that with reference to each one of the parties /the party or parties on each side/. Under /To/ which of the two predicaments /descriptions/ the rest comes, /belongs, so as it do but exist,/ is in every instance a matter of compleat indifference to the man of law. The circumstance to which the distinction in this case owes its inheritance is - that different causes as will be seen are required for the production of the two effects. That in the causes requisite for the production /by which the production/ of these two effects is promoted, there is a considerable difference. Mean time

    1. A bonâ fide demand at any rate commences and pro tanto constitutes a suit: therefore it is the interest of the man of law requires that the number of bonâ fide demands be made as great as possible. First object of the technical system - to render the number of bonâ fide demands of bonâ fide suits being such on the part of the plaintiff or demandant - as great as possible.

    2. To the continuance of a suit, a defence is for the most part as necessary as a demand and the continuance of the demand. Second object of the technical system - to render the number of bonâ fide defences as great as possible.