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13 June 1805
Evidence
Introd
Ch. Procedure Technical
''.2. Ends of the Technical
The final cause of the natural system of procedure is the fulfilment of the several ends of justice.
The first cause of the technical system of procedure is the promoting in every possible shape the personal advantage of the Judge and his associates.
To delineate the author of the plan of /of the course actually pursued by/ the system /For determining a person to a certain degree of correctness/ nothing more is necessary than to /we need therefore but to/ investigation and note down the results under the [...?] of which the interest of a man in the situation of the man of law will /would/ necessarily had him to wish to see come to pass: in other words, among the evils opposite to the ends of justice to note down such as are be under productive of profit to himself /personal advantage/, and the substance of the several arrangements which in the character of men's promise to be conducive to the accomplishment of these sinister ends.
1 Desirable result or end or objects of the man of law collected under one general denomination and thence placed in the most general point of view - extracting in every shape the maximum /aggregate/ of profit extractable from the whole number of suits of all sorts springing up of themselves or producible in the community in question within the /a/ given space of time.
2 The number of suits being given, and the quantum of profit extractable from each operation of a /and [...?]/ given length and from each instrument of a given length being given, the quantum of profit extractable from the aggregate of suits will be as the number of operations and instruments in each suit. Second object increasing the number of operations performed and of instruments made and uttered on the occasion /in the course/ of the aggregate of suits.
Similar Items
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Title: [13 June 1805 Evidence Introd]Description: 13 June 1805 Evidence Introd Ch. Procedure Technical ''.2. (Ends of the Technical) 3. Number of suits, quantum of profit from each operation and instrument, given as before; also number of operations and instruments together, the aggregate of profit will be as the length of each operation or instruments. Third object - increasing the length of each such operation and of each such instrument 4. As often as any additional hand can be introduced into the business, to whom any operation can be /is/ given to perform which without him would not have been performed, or instrument made which without him would not have been made, an addition is made to the aggregate of operations and instruments. Fourth object - increasing the number of different hands /hands/ having different employments, employed in the business of procedure. Thus far, to avoid complication and embarrassment, a supposition has all along, though tacitly made, viz: that of the whole number of suits, each /from/ which, number and length of operations given, profit will be extractable, and to the same amount. But as in every community there will always be a considerable number of individuals, from whom, they /[...?]/ enjoying throughout the whole course of their lives little more or no more than a bare subsistence, no profit at all or none that would be worth earning at the price of the necessary labour, could by possibility be extracted, hence, from the number of suits which it is the interest of the man of law to see or even to take place, must be excepted and struck out the whole number and proportion of these non-profit-yielding, these unprofitable suits. The interest of his fortune /His pecuniary interest/ calls upon him to secure up to a maximum the number of profit-yielding suits: the interest of his case calls upon him to carve down to a minimum the number of non-profit-yielding suits. Fifth object - diminishing the number of non-profit-yielding suits.
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Title: [April 1805 Evidence Securities]Description: 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.
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