date

27 April 1805 Evidence Introd
27 April 1805

Evidence Introd

Ends Introd.

ch. Evils causes - non demand

(1 Suits no & quality - public interest

'' Interest of the public in respect of the number and quality of suits.

To understand what is the interest of the man of law in respect of the number and quality of suits, and in what respects /points/ it /this particular interest/ stands in opposition to the general interest of the community /to public interest/ it will be necessary in the first place to have a clear view of the dictates of public interest in this behalf /a general utility in this ground/.

I.Penal

1. The dictates of public interest /utility/ are in the first place that of the primary arrangements made by the substantive branch of the law viz: by the creation and allotment of rights, the infraction may be as far as possible.

2. In the next place that of the /----/ aggregate of instances in which notwithstanding the endeavours of the legislator infractions do take place the most pernicious may be the least numerous.

3. That among /of/ the instances in which such infractions take place those in which adequate satisfaction /the number of those in which satisfaction/ comes to be /finds of being/ administered may /shall/ be in proportion to those in which it fails of being /comes to be/ administered as small /great/ as possible.

4. That of /among/ those in which in addition to or in place of satisfaction, punishment is appointed /stands -----/ the number of them in which punishment comes accordingly to be administered may in proportion to those in which it fails of being administered, be for any given length /short space/ of time say a year taken by itself as great as possible.

5. That among those in which punishment stands thus appointed, the number of those in which it comes accordingly to be administered, may for any given long space of time, say a century, the number of infractions /instances of infraction/ in the course of that same space of time being also given, be in proportion to those in which it comes to be administered, as small as possible.
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    6. That among the number of instances in which the permanence(?) of the arrangements taken by the substantive branch of the law inchoate rights created and allotted by the /that/ law require to be completed(?), to be converted into ------ (viz: by the fulfilment of the corresponding obligation whereby the party in question bound to render /on the occasion in/ the service which consists in the ----- of this ---- right) the number of instances in which that service comes to be rendered accordingly may in proportion to the number of those in which it fails of being rendered, as great as possible.

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    Appendix

    Lawyers interest

    Interest of the greatest number in respect of the number of causes or suits at law

    In respect of the number of causes or suits at law, it is the interest of the greatest number of the community in regard to suits between individual and individual for redress of /remedy to/ wrongs by individual to individual, it is the interest of the greatest number of individuals /what the public interest requires, is,/ that the number of such wrongs committed should be as small as possible and that from this cause the number of suits should be as small as possible. But, the number of wrongs actually committed being given, it is their interest /what it requires is/ that the number of suits instituted should in case of refusal of redress by the wrongdoer, the wrong doer having it in his power to afford redress that is to say of such as are at once [?] just and necessary civil suits, be as great as possible.: on the other hand /side/ it is their interest /what is requires is/ that in those cases in which the wrongdoer has it in his power to afford redress, the number of suits continued by his Defence in a word unjust civil defences be as small as possible: and this not only in the case of those who are without considerable injury /suffering/ able to endorse /defray/ the expence /demand [?]/ of pursuit and defence, as in the case of those who are not: in the case of solvent as well as in that of non solvent litigants,

    [...?] /Next/ As to this same matter see what the The interest of the lawyer class requires, it is this, That of the suits which /in so far as/ on either side /will/ are capable of /out of the expence there exists a capacity of/ affording lawyers profit, be as great as possible: and that of those which are not capable of affording /would not afford/ lawyers profit the number be as small as possible.

    That accordingly for maximising /heightening/ the number of suits the aggregate number of wrongs committed be in the aggregate as great as possible: and thus that the number of suits which are on the plaintifs side just and necessary be as large as possible. that so among them the number of those which are capable of affording lawyers profit be as great as possible.