date

13 June 1805 Evidence Introd
13 June 1805

Evidence

Introd

Ch. Procedure Technical

''.2. Ends (of the Technical)

Whatever be the number of non-profit-yielding suits that might have taken /or have made to take/ place had they been profit-yielding suits, they operate therefore as exceptions to the several rules implied in the enumeration governing[?] the four preceding objects.

Unfortunately, ( viz: for mankind in general) in the sort of relation expressed by the correlative terms general rule, exception, there is something particular observable in the case to which they are here applied. In general, whatever be the number of individual instances /articles/ that have been taken out of /subtracted from/ the contents of the general rule by the exception or exceptions, the remainder is a number greater than that of the number contained in such exception or aggregate of exceptions. But in the present instance if from the number of articles comprized in the exception, the remainder will be not simply less but by many times less than the number so subtracted.

Fortunately on the other hand, (viz: for the man of law) whatever process, through the medium of the 2 d 3 d or 4 th of the above objects, conduces[?] to the fulfilment of the 1 st, conduces[?] also to that of the 5 th. In this as in every other branch of trade, (but in this more distinctly and necessarily than in any other) whatever contributes to raise the price of the goods, contributes in the same proportion to diminish the number of the customers. By the steady pursuit of that one object through the medium of these three, by that simple and as it were instinctive course, by the mere force of instinct, and without any expence in the shape of meditation /reflection/ /thought/ and contrivance, he attains the fifth object into the bargain: can in the form of a corollary, [...?] [...?] guiddance, as mathematicians say, in addition to [...?] in a more substantial shape.

Thus by the ingenuity and industry of the man of law /Judge/, every thing is adjusted and with the utmost surity the convenience of him[?] and his: and the only inconvenience is, that a certain portion of the species, in every country a large majority, are put out of the [...?] and under the oppression of the law.
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  • Title: [17 June 1805 Evidence Introd]
    Description: 17 June 1805

    Evidence

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    Ch. Procedure Technical

    ''5. Exclusion of Parties [...?]

    Here then we have separate & distinguishable five distinct masses of advantages reaped by the lawyer from every penny of factitious expence added by him to the expence naturally attendant on the system of procedure: - 1. immediate pecuniary profit: viz the amount of the profit extracted by him out of that expence form the suits which it has not had the effect of preventing - the number of profit yielding suits remaining the same: - 2. case, by the amount of unprofit yielding suits prevented by it. 3. pecuniary profit produced in a less immediate way by the encrease in the number of profit-yielding suits - amount of mala fide oppression suits, mala fide demands and mala fide defences, suits produced by the man of law by selling the irresistible faculty of oppression to every wrong doer who finding his adversary, destitute of the faculty of assistance is able & willing to come up /make the purchase/ to the vendor's price - 4. convenience of acting in pleasant company - 5. convenience of not being troubled by unwelcome company.
  • 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.
  • Title: [30 May 1807 Letter V II. Proper]
    Description: 30 May 1807

    Letter V

    II. Proper Remedies

    To be the more thoroughly satisfied of the truth of this genealogy that, except in the cases above excepted, the malâ fide suitor owes his birth to the law partnership we have but to observe the advantage they draw from giving him into existence and the means they make use of for that purpose.

    The profit derivable from this branch of wayward industry encreasing cateris paribus with the multitude of suits, and with the expensiveness and thence with the dilatoriness and vexatiousness of each suit to the parties, hence that industry set before itself of course two main objects: 1. hence one main object of that industry came to be so to order matters as that the number of suits (being profit-yielding suits should be as great as possible: 2. and that in each suit the expence - viz. the profit yielding part and thence in general the whole of that expence - may be as great as possible.

    Both these objects were provided for by rendering the number of malâ fide suitors and thence of suits as great as possible.

    The former object manifestly. To the number of suits in which each party believes himself to be in the right, are added the number of those in each of which there is one party who being conscious of being in the wrong would not engage in the suit, being certain of being upon the whole a sufferer by it, were it not for some preponderant advantage which he sees held out to him by the Judge, or what to the malâ fide suitor is the same thing, by the state of the law, the work of former Judges, or legislators acting under the guidance of Judges or other lawyers.

    The other object, no less manifestly. - The n o of suits, each yielding a profit, being given, the aggregate mass of the profit extracted from the whole number will be the greater, the greater the quantity of profit-yielding expence arising out of each or any such suit.