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.
Similar Items
  • Title: [13 June 1805 Evidence Introd]
    Description: 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.
  • Title: [15 June 1805 Evidence Introd]
    Description: 15 June 1805

    Evidence

    Introd

    Ch. Procedure Technical

    ''. Ulterior means

    The technical system in this its essential points being introduced /established/, the next object of consideration (in explanation at least posterior though in truth and operation perhaps simultaneous /[...?]/) the next object in consideration at least is by what means /ulterior arrangements/ /subordinate principles and arrangements/ the advantage gained by it was to be made the most of.

    Direct and ultimate object, making fees: intermediate object, making business, viz: such business as by affording an occasion or pretence, shall be conducive to the making of fees.

    Let us have enumerate[?] some of the most extensive, fruitful, and in other respects most remarkable, resources /expedients/ which have been under the technical system having been productive of that advantage may naturally be concluded /inferred/ to have either been opened or kept open to that end /in contemplation of it/.

    Encreasing the number of the operations performed and of the instruments exhibited and of the other operations of all sorts performed on the occasion of each suit, encreasing the length of those several instruments and operations, encreasing the number of hands employed about him, all these results are so intimately connected with each other by astrological ties /in the bands of astrology/, each of being with relation to the two others, at the same time cause and effect, whatever arrangement is conducive to any one of them, is at the same time conducive to the others /is conducive to them all/.
  • Title: [10 April 1805 Evidence Securities]
    Description: 10 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.2 Ruling Interests

    Here as elsewhere, judging from the known /predominant/ principles of human nature, to predict /for predicting/ what the wish would be, the workman having full powers, or being left to themselves nothing more was /would have been/ necessary, than to observe /consider/ what course, in every part of the business would be most for /favourable to/ their interest, [...?] productive in the greatest degree of their own personal, or (what in this case comes to the same thing) professional and official, profit and /or/ advantage. The state of things /of the results/ by which that advantage /object/ is promoted in the highest degree the description will be very simple

    1. That the aggregate mass of profit (Lawyer's profit) extracted from the aggregate mass of suits, carried on within each a given space of time, may be as great as possible.

    2. That accordingly the greatest possible quantity of profit be extracted. from each suit.

    3. That, of suits capable of being made to yield profit, the number be made as great as possible.

    4. That of suits not capable of being made to yield profit the number be made as small as possible: sheer labour, labour without profit, being the only result afforded to the lawyer by suits thus circumstanced.