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14 August 1804
Procedure
Evils causes
False Ends
Lawyers' interest
Points common
'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.
Similar Items
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Title: [14 August 1804 Procedure -]Description: 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: [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.
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Title: [15 August 1804 Procedure Evils]Description: 15 August 1804 Procedure Evils Cause ch. Lawyers' interest '2 points common The interest /advantage/ which the man of law reaps /possesses/ /has/ in the avoidance of the evil termed the evil of wrongful decision is altogether equivocal and -----able. If in this or that case, in this or that state of things it is his interest that the actual course of decision should be conformable to the dictates of genuine and real justice, in this or that other case - in this or that other state of things, his interest is directly affected: it is disserved by justice, it is served /promoted/ by injustice. Considered in the connection /relation to/ whether several of those results which have already been stated in the character of causes of wrongful decision, and thence causes of injustice, the limit of his interest is not at all equivocal - not in any degree liable /exposed/ to complaint or dispute. Delay has already been shown to be one cause of wrongful decision though not in ---- ---- particular instance a necessary one: expence, another; vexation, juridical vexation, another: non-notoriety including uncertainty of the law and thence non------- and non-homologation, in one point of view, another. Non-notoriety and ------- of the law considered in another point of view though not causes /a cause/ of wrongful decision yet a cause of transgression on the part of non-lawyers and thence of ----- prosecution sources of -------- to the man of law. The same circumstances by being causes of non-demand and thence ------- of ------ have moreover been shown to be causes and ---- in many cases necessary ones of ----- of justice and thence injustice from that source. Upon a general /the whole/ survey it appears that the personal interest of the man of law is but probably and equivocally and ------ benefitted by justice: and that in a great variety and ----- of cases it receives /will naturally receive/ a very decided and sufficiently manifest benefit from injustice.
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