date

3 March 1804 Evidence Ch. Reform
3 March 1804

Evidence

Ch. Reform Objections: Lawyers

What it has /is/been in the power of competition to do for us in the way it has affected - the decent administration of a system radically bad in many /several/ of its essential features. What it is not in the power of do for us, remains undone: the correction /improvement/ of that bad system by the extirpation of the bad features - the extension - for little, if anything /of such of its features as are thus [...?] bad, together with very little/, is extension of such good features as are already exemplified and in existence: the steady contemplation and in steady pursuit of he end in view: the /a/ deration[?] of all measures - of all arrangements of detail to that are[?] and or connected and consistent cluster /constellation/ of ends: and above all the utter extirpation of licenced mendacity in all its shapes as being in all its shapes the irreconcilable adversary to whoever and whatever and[?] whoever is directed to that end.
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  • Title: [8 April 1805 Evidence Securities]
    Description: 8 April 1805

    Evidence

    Securities

    Summary

    Ch. Procedure Natural[?]

    In these political tribunals, as in the domestic, so it has happened, procedure has had for its ends, the ends of justice. Awakened /Aroused/ out of his lethargy /trance/ by the fear of different /various/ necessities /necessity/, the legislator has exerted himself and rescued the suitor out of the hands of his natural enemies and licenced plunderers /depredators/.

    In domestic judicature the system of procedure having the peace and comfort of the family for its object, and for its official cause the person[?] of the head of the family, lives the pursuit of that interest of the family for its final cause.

    In that branch of political judicature, in /into/ /for/ which, forced by the urgency of the occasion, the legislator has prescribed or permitted the restoration of the natural mode, that is of /which is no more than/ the domestic mode constructed /acting only/ upon a larger scale, the system having in these instances too, few as they are, had the peace and comfort of the great /this enlarged/ family for its object, and for its efficient cause the power of the head of the family, acting in these four instances in pursuit of that object, and by its own advice /the light of its own wisdom/, has had /its/ the interest of that family for its final cause. add, and the welfare of the family, so far as concerned, for its final result.

    Under the name /common denomination/ of technical procedure, let us comprehend once for all every system of procedure that has been the work of /from which the characteristic features of the natural, as above delineated are excluded: which is as much as to say every system of procedure which has been the work of lawyers./

    Having for its efficient cause the power of lawyers - a vertical and [...?] power of legislation committed to them or rather abandoned to them by the negligence and imbecillity of the rightful legislator it could of course, and in virtue of the universally prevalent principles of human nature, have for its object the profit capable of being extended from suits [...?] from of the possessors of that power is its final cause.
  • Title: [28 March 1805 Evidence Securities]
    Description: 28 March 1805

    Evidence

    Securities

    Ch. Procedure Natural

    ''.11. Advantages

    Such is the general outline of the natural system of procedure, the domestic mode rendered applicable to the purposes of public judicature by the addition of the requisite powers, and the enlargement of the scale - the extension of the field of action. In the /several/ succeeding /course/ chapters of this Book, the outline will be filled up, by bringing to view the particular arrangements which constitute the leading features of it. /of which the leading features of it are comprized./

    In this natural system, when extended and fortified as above we shall perceive, in proportion as the several arrangements with the advantages, which constitute their respective reasons, are /come to be/ developed, the standard of perfection.

    Nor yet /that/ a merely ideal standard, capable of being conceived, incapable of being realized in practice: but a system which actually is realized, in perhaps every country, in an extensive variety of instances, with inevitable success, and might be realized in all others, without any preponderant inconvenience.

    Of the advantages belonging to this system, no conception could ever have been formed, still less /nor therefore/ any description given, but for the mischiefs which produced by the deviation that have been made from it. A general and consequently slight but not unimpressive sketch of these deviations will be found in a succeeding chapter under the head of the technical system of procedure.
  • Title: [23 March 1805 Evidence Security]
    Description: 23 March 1805

    Evidence

    Security

    Ch. Procedure Technical

    The powers which under the natural system were necessary to render the domestic /original/ mode applicable to the purpose of public judicature, have already been brought to view. If /Supposing/ the ends of justice to have been the ends of justice /jurisprudence/ judicature, it might naturally have been expected that whatever deviations were made by men of law for their own sinister purposes from the natural system, these necessary powers /additions/ would at any rate have been made to it - made upon a regular plan and to the fullest extent. The picture of /The prospect provided by/ actual law will present a very different prospect. The [...?] /imperfection/ of the technical system will be not less conspicuous by what /the good/ it has left undone than by what /the mischief/ it has done. For bad purposes, infinite activity: for good purposes, negligence and impotence /nothing/.

    We have seen those things which we ought not to have done - we have left undone the things which we ought to have done.