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11 April 1805
Evidence
Securities
Ch. Procedure Technical
On the subject of law, as on any other subject The possession of a book or of a part of a book is of little /no/ use to a man, any further than as occasion calls upon to consult it, he is able to lay his hands on it. When the aggregate mass of the matter of law has searched[?] /been [...?]/ to a certain bulb, in such case by pulling it or leaving it or /and/ keeping it in such a state that no man who has not made a trade of the search[?], on a given occasion can be sufficiently assured of finding in it what he wants, things may be so ordered that even were the tenor of the law when discovered fixed and clear the necessity of applying to a professed searcher for the discovery of it, might still continue.
Fourth device of the technical system: - keeping the body of the law in the highest state of disorder possible.
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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.
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Title: [30 April 1804 Evidence Forthcomingness]Description: 30 April 1804 Evidence Forthcomingness Ch 3. Means physical §.3/2 Search Search for [...?] /[...?]/ document is [...?] search: where where it is an [...?] or [...?] comprised in a book or mass of papers, inspection: which [...?] To the principal import of the word Search is attached or not attached an accessory idea - , viz: that of latency or latitantcy on the part of the object searched for. latitantcy, if that object be /if it be/ a person: concealment, self concealment is in that case implied in it in that case. latency without latitantcy if it be an object of the class of things. In this case on the part of some person there may be a desire of concealing it; but such desire is not implied in the import of the word search: for so long as the thing can not be found, there is the same need of searching for it, whether any desire of concealment exists on the part of any person or not: so long as a thing is not to be found, by the possessor of it, who wishes to find it, nobody wishing that he may not find it, the possessor of the thing contained, and of all receptacles containing it - house, room, [...?], box - is in /under/ the same necessity of searching for it, as if all the world were desirous it should remain concealed /unfindable/. Written evidence, it is plain, is no less apt to be the object of search than real evidence at large. In a particular case viz: where the source of the evidence, not being removable without preponderant inconvenience, requires not only to be discovered but to be read, another term the word inspection is commonly employed: (a) but in this case the use of the word inspection does not supersede that of the word search: search is an operation necessarily preliminary to that of inspection, if the particular document in question is a constituent element /an elementary part/ of a large /an aggregate/ mass, the elements of which being in any way brought into physical contiguity, as in the case of a Book of Accounts, or collection of books or a bundle of papers compose a whole /a sort of receptacle/: in which the search for the particular document in question is to be made. (a) a particular, in the language of highest law
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Title: [14 April 1804 Evidence Forthcomingness]Description: 14 April 1804 Evidence Forthcomingness Ch. Real §. Engl. Law Of the incapacity the plaintiff is laid under with respect to the obtaining discovery of real evidence, or authentication of written evidence, by questions put to the defendant on the occasion of the preliminary examination, and thence the insufficiency of the investigatorial procedure, even in those cases in which it is permitted to be employed, for the obtainment of these objects, mention has already been made in another place. To those purposes, physical means /applications/ may be employed; psychological ones can /must/ not be employed. In a case of felony you may search a man's home for proof /evidence/, to be produced against him - you may search his cloathes his person for stolen goods for instruments of rapine /depredation/ - but you must not ask him where in case of search any such thing would be to be found. You may cause a female to be searched in a manner of which decency forbids the description but as to the putting so much as a question to her it must not be done. Something to be said of misdemeanours.
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