date

13 August 1804 Procedure False
13 August 1804

Procedure

False ends

What follows? - that, if there be any connection between causes and effects, it is to these causes /circumstances/ more than to all others - more than to all others put together - that we might be lost for the cause of whichever is amiss in that vast body of which the system of procedure forms a part: but more particularly, as will be seen in that part in contradistinction to the other.

And to ------ will this single cause be found to be to the ----- of accounting for the effect that the just cause of wonder will be not so much how it should have /should be/ -------, not that there is so much that will be found amiss - but how it should have happened that any thing should have been right. To committ /---- the interest/ the class of ---- that is of all mankind in their /occasional/ capacity of occasional suitors to the guardianship /management/ of the man of law, would have been exactly the same sort of policy had there been any choice, as the committing of the sheep to the guardianship of the wolf: or rather to a sort of animal who under the outer covering of the faithful guardian /defender/ of the fold, has under the change of circumstances found it necessary to change his nature from the open rapacity /voracity/ of the wolf to the more ---- and artificial /---- and disguised rapacity of the fox.
Similar Items
  • Title: [13 August 1804 Procedure False]
    Description: 13 August 1804

    Procedure

    False ends

    Of men in general, in a certain sense it is true, that every man on every occasion is and will ever be governed by his own interest: in another sense it is not true.

    Of every man it is true to say, that on each occasion he will be governed /his conduct will be determined/ if there be but one motive acting on him at a time, by the force of that one /sole/ operating motive: if there be several, and of these several two or more acting in opposite directions, by the unbalanced of the preponderative motive or set of motives. This is not in any respect less true of psychological action, than of physical: an action without a motive /in the one instance as in the other a motive/, is an effect without a cause.
  • Title: [13 August 1804 Procedure False]
    Description: 13 August 1804

    Procedure

    False ends

    Profit /-------/, consideration and care. If the last /-------/ in these several ------ /grounds/ ----- the greater to the visitor then the profit /acquisition/ //gain// ///------/// to the man of law, the arrangement would be would be no ------: an equal lover of mankind would see no reason to frame as much as a wish to alter it. If setting individual against individual, the suitor from one portion of the community, the less a person is formed by the lawyer. But in each of these several points the ------ on -- -- will be found prodigious /deliberately great/ //vast// in proportion to the benefit on the other.
  • Title: [8 Apr 1806 Evidence Exclusion]
    Description: 8 Apr 1806

    Evidence

    Exclusion

    Ch. [...?] Cause

    In /For/ a vast majority of the causes /disputes/ /judicial contests/ to which human weakness or improbity gives birth, a single attendance, was understood of both parties in the presence of each other and of the Judge is sufficient for decision: a single attendance, and the duration of it, upon an average, not more than a few minutes. The fee that without /with any/ exciting clamour could be exacted in return for so small a part of the Judge's time, would go but a small way towards satisfying his appetite /rapacity/ for money, especially where the opulence of the parties operated as a provocation: - To multiply fees it became necessary to multiply occasions for fees: to make money, it became necessary to make business.

    By the indirect course thus taken for making money the quantity /degree/ of oppression was encreased /aggravated/ beyond calculation: tenfold, twentyfold, a hundred fold, a thousand fold or more according to circumstances. To get 5 to put into his own pocket, an /the/ architect who is paid by a percentage of 5 per cent, is /must/ obliged to put his employer to an /the/ expence of 100. Thus grievous to the party injured is peculation pro rata compared with simple embezzlement or theft. But this load of oppression produced by the made-business made by the architect is but a feather, compared with that which is produced by the made business made by the Judge. A more apposite parallel is afforded by the selfish man of Lord Bacon[?], the man who to avail one egg for himself sets his neighbour's house on fire.

    The natural system of judicial procedure is happily not altogether unknown in any country: in particular not in England. It is the same with the domestic. The restoration or preservation of it stands happily exemplified in the practice of several Courts, which there will presently be occasion to bring to view. The system by which the art of making business has been carried to /brought to so disastrous/ a pitch of such unhappy perfection may be called the technical system.