date

15 August 1804 Procedure Evils
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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    Description: 14 August 1804

    Procedure

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    False Ends

    Lawyers' interest

    '2 Points common

    2. ------ of justice by wrongful decision

    2. Injustice by /in the shape of/ wrongful decision, in so far as it is apparent - as the wrongfulness of the decision is apparent: and thence the nullity of wrongful decision /of injustice/ in so far as the nullity gives /it is the effect of the nullity to give/ birth to the appearance.

    Confirming his view to the decision itself, together with its consequences to the parties and the public /the public included/ the justice or injustice of it will to the separate interest of the man of law be a matter of utter indifference. To discover how it affects that interest /that interest is affected/, we must look at the same time to its collateral consequences to himself and its causes.

    A distinction must here be made /on this occasion/ /for this purpose/ between the official lawyer and the professional: send away official lawyers between the judge and his subordinate officials, executive and recordative.

    The object in which a judge as such has /a personal/ an interest is - not justice, but the reputation of justice. The distinction not as it may appear, is not in itself, and most important in its consequences. Be the injustice of his decisions ever so flagrant - ever so constant, let them not be looked upon as unjust let the injustice of them not be imputed to him, as having blame on his part for its cause, to him, in respect of his personal interest, it will be a matter of indifference. Be his decisions ever so exactly conformable to the dictates of justice let them be looked upon as generally or even frequently unjust, and the injustice as having blame on his part for its cause, his reputation will in proportion suffer, and according to the regard paid by the sovereign in the state in question to the course of justice, his security as against punishment for malversation in his office. As to his reputation, the degree of actual injustice by which his conduct is marked being given, his reputation will be more or less apt to be a---ed by it, according to the degree of publicity given to the proceedings of his court and the ------- that is the intelligence and public ------ of the public before which he acts.
  • Title: [5 July 1804 Procedure & Evidence]
    Description: 5 July 1804

    Procedure & Evidence

    Evils

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    '.1. Injury to defd.

    II. Independent Evils of the 2d Class - Injustice to the prejudice of the Defendant's side.

    Branches -

    1. Application of punishment where undue

    2. Collation of rights (thence imposition of obligations) where undue

    3. ---ddition of satisfaction (thence again imposition of correspondent obligation) where undue

    Immediate causes or cause /cause or causes/ of the 1st order

    1. Wrongful decision alone

    N.B. Of From non-decision, as well as from wrongful decision, evils /evil consequences/ accruing to the defendant's side as well as to the defendant's /plaintiff's/ . But these evils /consequences/ are not the ultimate evils - the evils produced by the decision of the cause but only the individual ones /evils/ of vexation and expence.
  • Title: [4 July 1804 Procedure & Evidence]
    Description: 4 July 1804

    Procedure & Evidence

    Evils causes

    3d order

    '.1. 4. Non-decision

    III. Non-decision

    Immediate causes of this evil /----/

    I. Natural causes

    1 to 5 The same as in the case of Wrongful Decision to the prejudice of the Demandant.

    6. Non-demand:- no suit instituted by the party to whose prejudice the offence against the substantive branch of the law has been committed; or on whom the -----trable or -----rate right would, on demand in a legal way be converted into a consummate right. For the causes of non-demand see title non-demand.

    9. Desistment: - the demandant ceasing to prosecute /persevere in/ the demand.

    II. Factitious causes negative

    1 and 2. The same as in case of Wrongful Decision.

    III. Factitious causes positive none observed - or see title non-notoriety and uncertainty.

    For the causes of expence and vexation and expence, see Evils of the 4th Order.