date

15 August 1804 Procedure Evils
15 August 1804

Procedure

Evils Cause

ch. Lawyers' interest

'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.
Similar Items
  • Title: [15 August 1804 Procedure ch]
    Description: 15 August 1804

    Procedure

    ch. Lawyers' interest

    '4 Different ranks

    One of the closest ties that can exist /be formed / in the way of more sympathy /sympathy/, is that which exists where a man in passing on to the commanding station of the judge, has passed through, necessarily passed through every one of the subordinate stations.

    Very generally this connection in the way of sympathy is found established between the judicial class /class of judges/ and the class of advocates. Very generally, in respect of the fanciful and ruling judicial offices a positive rule is established. No man to be placed in the station of a judge who has not passed through the station, exercised as far as depends upon him the profession, of an advocate.
  • Title: [15 August 1804 Procedure Evils]
    Description: 15 August 1804

    Procedure

    Evils Cause

    ch. Lawyers' interest

    '4 Different ranks

    '4 Differences in the interests of the different classes of men of law.

    For shortness, the man of law has hitherto been mostly considered as one person: but for clearness, and conciseness /accuracy/, it will be necessary to decompose him before we ---- ---- /we can dismiss him altogether/.

    Division of lawyers into official and professional: division of official into governing to wit judges and subordinate: division of subordinate ministers of justice into executive and recordative. Division of professional into silent(?) agents - Attornies under their normal denomination - and speaking or advisory agents, Advocates and counsellors: the latter two functions in themselves distinct enough but in general invested in one person; and in particular in English law.

    The office /authority/ of judge -- may in each court be either filled by a single person, or divided /shared/ amongst several: but still for shortness, unless where any thing turns upon division, the singular number must be alone employed: in the judge, and not judges or the judges must be the phrase.

    In the judge and him alone we see the person by whom whatsoever decision comes to be given, is pronounced - by whom in consequence whatsoever ---- /portion of the body of the -----/ is made in the form of jurisprudential law is made. By the /From the sinister/ interest of no other class /species/ of lawyers can the body of the law receive /undergo/ any /--/ modification any other case /in any ---/ than as their interests are adopted by him, and made to become his.
  • Title: [15 August 1804 Procedure ch]
    Description: 15 August 1804

    Procedure

    ch. Lawyers' interest

    '4 Different ranks

    The opposition in this instance between interest and duty is too glaring to have altogether have escaped the notice of the legislator, where any such personage exists /person can be said to exist/ regardless as he commonly is /has been/ to all those points of official duty to which his attention is not inevitably commanded by the purpose of personal responsibility, frequently called into ---, of which he can be regardless without prejudice to his ---- in --- ----. But for the most part even when, and in England more particularly, the state of the ----- seemed to leave no other choice. For /To/ this or that department of judicature, provided it were a narrow one, the situation might be filled by men who had not been advocates. Witness in France /the tribunals composed of/ the judges in Robe courts (military arm) and the consular tribunals, composed of traders, having ------ of deputies arising out of trade. Witness in England the jurisdiction of justices of Peace country gentlemen and magistrates in large towns invested with power of judicature for a miscellaneous variety of purposes regarded as fitting purposes, and the courts called courts of -------, filled by a set of ------ men in here and there a large town to take cognizance of pecuniary demands not ------ in general regarded as trifling.

    But for jurisdiction extending over the whole or any considerable part of the field of law, especially in so far as covered /the covering was/ by law in the shape of jurisprudential law, no hand /man/ has ever been regarded as capable of being competent nothing like competence has ever been /for many ages past been ever/ expected to be found in any hand /man/ that had not in the character of an advocate been long and thoroughly exercised in that field. Twenty years at least such