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14 August 1804
Procedure
Evils Cause
False Ends
ch. Lawyers' interest
'3 Specific Sinister End
' Specific sinister ends, naturally pursued upon the spur of sinister interest.
The points in which the particular interest of lawyers is opposite to the general interest being given, the mischiefs which it will be their interest and ---- their study /endeavour/ to introduce and to perpetuate are also given.
1. The have an /a professional/ interest in the augmentation of expence. It will /Therefore it will naturally/ be their study to encrease expence.
2. They have a preponderant interest in the augmentation of delay. Therefore it will naturally be their study to encrease delay - at least it will not be their study to diminish it: especially in any way in which it can not be diminished without the diminution of their own interest.
3. They have a clear - at least a preponderant interest in the non-notoriety, and thence in the intricacy /general non-intelligability/ of the body of the laws. Therefore when once it is intricate and non-intelligible enough for their purpose, it will naturally be their study to prevent its being rendered generally notorious and intelligible, and rather to encrease upon all occasion the unintelligibility and non-notoriety of it.
Similar Items
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Title: [14 August 1804 Procedure False]Description: 14 August 1804 Procedure False Ends ch. '3 Specific Sinister End It has already been explained in what sense they have one interest in the justice of their decisions: viz: that on this ground their real interest is a good deal divided and perplexed, and that accordingly the view they take of it and the line of conduct taken /pursued/ by them in consequence will naturally be so too, that except in so far as the reality of justice is necessary to produce the appearance of it, it is not their interest that justice should be done: that on the other hand neither is it their interest that justice should not be done: but in so far as they have an immediate interest in a state of things of which frequent injustice is the consequence, in so far as it is their interest that injustice should be done, and not /instead of/ justice. From this interest they have in the augmentation /diminution/ of the proportion of apparent /real/ justice joined /coupled/ with the interest they have in the diminution /augmentation/ of the proportion of real /apparent/ justice, results the clear interest they have in all those practices /------ practice/ by which the proportion of apparent justice is augmented, especially if by the same means the proportion of real justice be de------.
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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 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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