date

14 June 1804 Procedure Ch.
14 June 1804

Procedure

Ch. Basis

[...?] 5. Rejective Causes

In this state of things, not a book /source/ upon the subject (and books upon the subject have been innumerable[?]) in which this mode of inquiry pursued in every country, and in every course of justice in every country (unless /overrated[?]/ here and there perhaps those who having little power were pressed and swallowed /trodden upon/ by those above who had[?] more[?]) has not been represented in the work of the purest probity guided by the most profoundest enlightened wisdom: in which the imperfections, if every case supposedly were the fault not of the [...?], but of the materials: and of the profession, but of human nature: not of lawyers thus /it had not/ is of the high and powerful classes /members/ among them but of suitors, with here and there a slight [...?] on the part of the subodrdinate classes - the inferior [...?] of the parties - the inferior offices of judicature.

Wherein all this misrepresentation? a misrepresentation more gross and palpable than any of which an example /that has ever been exemplified/and at the same time more constant and unanimous/ is to be met with in the history of mankind. From this cause:- that every where, whatever description /view/delineation/ has been given of the state of the lawyer /law/, has [...?] a lawyer for the [...?] draughtsman. In so thick a cloud has the subject been enveloped by the ingenuity or absurdity, of men of law, or rather by both together for both tend /operate/ to the same end, that [...?] /no [...?]/ but a lawyer/s - not an eye that is not directed by professional interest, and distorted by professional prejudice, ever attempts to pierce into it.

/In the better as de[...?] in the fall between the [...?] and the man, the advantage was clearly on the man's side. Surely? says the [...?] - because you men not [...?] [...?], have been the punishers[?]
Similar Items
  • Title: [14 June 1804 Procedure Ch.]
    Description: 14 June 1804

    Procedure

    Ch. Basis

    [...?] 5. Rejective Causes

    The interests of the wolf are not more plainly and irreconcilably /diametrically/ opposite to those of the sheep, than those of the professional lawyer /have every where been/ are to those of the suitor: and to expect that at the time when the several existing /many of the several established/ plans of inquiry as/are[?] the way of judicial procedure ever instituted and brought to those present from, the interest of the suitors should have been the real object is exactly such as expectation as would be formed if it ever supposed /were any one to suppose/ that the security of the sheep would be the first object in a law[?] of march[?] prescribed by wolves.

    There stands the nature of the case, viewing /when viewed/considered/ a priori: viewed by the light of reason - reflected from the universally prevalent /dominant/ and universally known principles of nature, as [...fied?] by constant and universal experience. A very small share indeed of human reason applied to this subject, even this[?] among the subjects to which human reason is wont to apply itself - might have been sufficient to put the matter of doubt.

    Consider the matter a posteriori - back into the facts - this /these/ general conclusion of reason will find its confirmation in every page of history: to discover the sheep has every where been the first object and the first occupation of the wolves.
  • Title: [14 June 1804 Procedure Ch.]
    Description: 14 June 1804

    Procedure

    Ch. Basis

    [...?] 5. Rejective Causes

    It /Thus/ has thus been every body's occupation to confirm the misrepresentation: to thicken the delusion: it has been nobody's to dispell it. To confute them, it would be necessary for a man to understand the subject: at least to labour /endeavour/ to understand it. to be acquainted with the turnings and windings of the edifice /structure and contrivance of the fabric/case/. The edifice /structure/ is or rather might have been a visible[?] one: but so bespoiled and infected is it be the filth accumulated in it by the architect and the [...?], that no man who does act hopes to [be?] paid for it, and paid largely, can endure his case in it.

    No description therefore is to be found of it - no nor [...?] the slightest stetch of the manifest outskirts, that is not [...?] in terms of the most extravagent /exulted/ panygeric. All voices being in this same [...?] - all voices on one side /not a single one with[?] opposite this/- what but universal delusion can be the consequence /result/? not a man but swallows the fusion /[...?]/ not a man but what imbibes it almost with his mother's milk. Thus happily has the work /the [...?] work/ of fraud, absurdly and prejudice and absurdity been seconded by the nature of things. [...?] [...?] /ought to/ profit from his own wrong is amongst the swarm of maximums which they are constantly employed in [...?], and as constantly employed on [...?]. No mass of wrong so enormous /gigantic/ as the mass which has /is/ thus been accumulating under their hands: no profit at once so enormous /vast/copious and so psteady/ and so secure as the [...?] which they are constantly drawing from that source. The more enormous the [...?] the more impregnable - every day adds to the enormity of it /this mass/. Every day adds to the difficulty /its stability/ or rather impossibility of attempting to ease mankind of every considerable part of the load. /the [...?] with any purpose of [...?] /[...?]/

    "[...?]" says the French poet, speaking of the pyramids. But how [...?] the task thus conferred /given/ upon the universal destroyer, in compassion of what it would have been, but the pyramids being [...?] with the power of [...?]! In jurisprudence, every heap of rubbish and [...?] at every abuse? is the fruitful parent of a hundred more.
  • Title: [14 June 1804 Procedure Ch.]
    Description: 14 June 1804

    Procedure

    Ch. Basis

    [...?] 5. Rejective Causes

    At the time of laying the foundations of the system, had there been in existence any such character as the legislator, having justice for his object, understanding the route /track of inquiry/ by which it was to be pursued /when it was to be attained/ - a character /person/ [...parted?] /unlimited/ by any sinister interest, or of a [...?] of mind superior to rise to the temptation, the results might have been widely different. Unfortunately, at the [...?] in question to such character has any where been in existence. This system has in no instance been the work of statute law: it has in every instance been the work of jurisprudential law: that is of professional lawyers: of judges who having their profit to draw /extract/ from the juries of the suitors and having /being[?]/ the fortunes of the suitors lying at their mercy, [...?] /[...?]/ from their situation turn advantages which in the [...?] situation every other class of men would naturally have derived from it.

    In a word, the sheep having been every where without a shepherd, their fate /lot/ has been every where abandoned to /determined upon by/ the wolves.