date

14 August 1804 Procedure -
14 August 1804

Procedure

----- causes or ---- ---

Lawyers' interest

Points adverse

'1. Points in which the interest of lawyers /the judge/ is adverse in general to that of the people /community/ at large in their capacity of suitors, i.e. considered as being or being liable to be /become/, or having need to become, suitors.

The points in which the interest of lawyers is capable of standing in opposition or ------ with reference to the interest of the community at large, ------- to the several evils that stand in opposition to the several ends of law and justice. If there be any evil /one of these evils/ which this particular class of men have a preponderant interest in seeing take place, in so far the aggregate interest of this particular class of men stands in opposition to the interest of the community at large: and the greater the numbers and importance of such evils, the more ---- and more forcible is /will be/ the opposition given to the general interest by the particular interest.

The following is a list of the evils which it is the interest of lawyers to see prevailing /prevalent/ in the administration of what is called justice in the arrangement /system/ of judication being rendered so in each instance by the several considerations that will respectively be pointed out.
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  • Title: [14 August 1804 Procedure Evils]
    Description: 14 August 1804

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    '2. Points in which the private interest of lawyers coincides with the public interest /the interest of the community/.

    The points in which the private interest of lawyers coincides with that of the community at large correspond to /consist in/ the /those/ //much of the// evils opposite to the ends of justice in /by/ which this particular class has its share /is prejudiced/ as well as the other classes - in which the mischief to suitors extends itself to men of law. These are 1. Failure of justice in so far as it has non-demand for its cause.

    In the case /cases/ this operation of an exemplifying a failure of justice for want of judicial demand, to speak of such an evil /the evil in question/ as one in which /by which the interest of/ the man of law as well as /that of/ the justice has an interest /------ to prejudice/ - in which the man of law as well as the public has its share, a supposition /--- supposition/ tacitly involved, and without which the proposition is not true, is - that in the causes which /such that ought to/ have been brought in, and would have been brought in had it not been for the ancedant(?) arrangements which intervened to shut the door of justice the man of law would have been called in, and reaped his profit from them as for the rest /those others/ that are not prevented from taking place. 2. That the aggregate of the profit which on that supposition he would have drawn from this source would have been such as to extend the advantage accruing to him as above from those arrangements /the influence of those causes/ by which the institution /commencement/ of the suits in question have been prevented.
  • Title: [15 August 1804 Procedure Evils]
    Description: 15 August 1804

    Procedure

    Evils Cause

    ch. Lawyers' interest

    '2 points common

    Upon a ---- and general survey, like /such as/ the present, the break between these two sets of cases will unavoidably appear more or less confused and indeterminate. but to the eyes of the man of law himself, in each particular instance, they will be sufficiently clear and determinate. Though we can not for him in all instances, but for himself and for the guidance of his own practice, will make the distinction sufficiently clear in each individual instance. In this instance, he will say to himself, my interests coincide with those of justice, and justice shall as far as depends upon me be promoted: in that instance, my interests are opposite to those of justice, and justice shall as far as depends upon me be prevented and obstructed and perverted /opposed/: in this latter case it is my interest that injustice should be done, and injustice so far as depends upon me shall be done.

    In this state of things, when /which/ the interest of the collective body of the men of law is in so many points in opposition to the ends of justice - while it is promoted in so many ways, promoted by the several evils which stand opposed to the ends of justice the several legitimate ends of judicial procedure, to be angry with lawyers of any class /occupation/ either for the preservation or even the creation of injustice - to expect to find them ----- and zealous in the promotion /support/ of justice - to expect and being disappointed to be angry at the disappointment - would be to be angry with ----- for not producing figs.
  • Title: [15 August 1804 Procedure Evils]
    Description: 15 August 1804

    Procedure

    Evils Cause

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    '4 Different ranks

    In different countries in degrees somewhat different, in all countries more or less, various causes have concurred in establishing a very close community of interest between those different ranks of men: between the judge on the one hand and the several subordinate classes of lawyer on the other.

    In the existing order of things, the judge, as we have seen, the judge in his own person and character, is liable to be acted upon by a variety of sinister interests /in a variety of ways by sinister interest/, nor to be acted upon by some. But in so far as any community of interest subsists between him and any one /every one/ or more of those subordinate classes, the particular interest of that subordinate class becomes his. Connected in the way of interest with any such class he may be connected with it either singly in the way of sympathy, professional sympathy /----- interest/, or in the way of interest in the more confused and arbitrary sense of the word - viz: pecuniary or other self-regarding interest. Connected with all these classes by ties more or less close, he is sure to be in the way of sympathy: connected in the way of pecuniary interest he may be or not, according as the legislator has in this behalf been more or less indifferent - more or less attentive.