date

19 July 1810 1810 July 19. 6 Fallacies
19 July 1810 1810 July 19. 6

Fallacies Ch. | | Authority

6

| | Lawyers interest sinister

nothing more easy than[?] to forge[?] a law as having been made - nothing more impossible than to make[?] one - one to the [...?] effect, to which it is thus employed[?] to have been made.

The whole weightof their authority will be employed in the endeavour to crush if possible the very idea of /this branch of their sham trade/. The more intimately theu are convinced[?] of the blessings that would result from it, the more loudly will they execrate it as promising the more anxiously they fear the accomplishment of it the more peremptiously[?] they will declare it to be impracticable.

As often as occasion comes, sitting on a judicial bench, to any effect whatever a lawyer will forgo[?] a rule of law, speaking of such pretended law as already in existence. To that same effect propose that in a /any/ determinant form of words a law to that same effect be made, that same lawyer will [...?] in declaring codifying it to be impossible
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  • Title: [18 July 1810 1810 July 18 A + + ' 1 44 48]
    Description: 18 July 1810 1810 July 18 A + + ' 1 44 48

    Fallacies Ins or Eitherside

    Ch | | Authority worshipper

    1

    . 8 Where fallacies, where not!

    1. Relation between this and Ancestor worshippers

    /1 It supposes those addressed in [...?] to form their own judgement: good though[?] where there is the cast[?]./

    [2. Good in 1. Medium and other branches of science]

    3. Good under Unwritten law and[?] the question what is law

    [4. Good in legisaltion in so far as appropriate physical science is] [...?] bad in d\T oT\ so far as the opinion of a lawyer is the opinion referred in this character.

    5. Good even in legislation so far as the opinion [...?] against the interest of the profession: viz. as a personality, /an argument and [...?]/ and in answer to [...?] authority [...?] against discussion - oppose it to the opposition to Romelly's cap. punishment Bill.

    6. Bad in religion: inconsistent in all Anglican mouth.

    [7. Reference /[...?]/ is good and is fallacy where[?] given not as authority giving instead of argument, but as to a place where argument may be found at large and in order.]

    [Ch. | | Authority-worshippers /quoters/ device.]

     What follows in these two sections having been written a year before the matter of the preceeding sections, see how far it is capable of combining with it

    '. 1.[?] / 8/ Exposition - In what cases this argument is fallacious, in what not.

    To quote an authority or authorities to refer to the opinion of this or thar person (this or that writer he must have been if any adequately /sufficient/ /adequate/ /sufficiently/ grounded dependence be placed upon the words stated as being /his/ expressive of his opinion /sentiments/ unless being on the occasion a spectre[?] his words have been taken down in short hand)

    It is only after certian distinctions made /considerable limitations and exceptions made that/

    To refer to the opinion of this or that person as constituting an authority upon the subject as an opinion which independently of any argument contained in it is fit to be taken for a guide /as a ground of decision/ or a practice to which any such dysolistic appellative as fallacy or device can with reason be attributed. According to the nature of the subject-matter and some other circumstance, it constitutes a reasonable /serves or helps to constitute a rational/ ground of decision, or belongs to the list of fallacies.
  • Title: [19 July 1810 1810 July 19 5 Fallacies]
    Description: 19 July 1810 1810 July 19 5

    Fallacies Ch | | Authority-worshippers

    5

    2[?] Lawyers interest sinister

    The effect of uncertainty being to throw[?] a man into their hands, and the effect of inconvenience in the shape of delay vexation and expense to keep him thus[?] in proportion to the amount of it to his own detriment and to their advantage, it is interest that throughout the whole field of law the degree or quantity of uncertainty[?], delay vexation and expence be as small as possible: But for the same reason in the instance of every man it is their interest that his share in these evils be as great as possible:

    The perfection of oppression [...?] in the shape of extortion is where to the profit and for the benefit of the extortures[?] a man is made to suffer for non-conformity /to/ with /regard/ laws which were never made, and which, lest he should conform to them have been and still are kept from being made not only from being [...?]ied but so much as from being made. Such is the tyranny exercised over[?] all the other members of the community by the fraternity of lawyers.

    Propose that the only crime[?] by which the people[?] can be delivered from this tyranny be taken propose that thus[?] throughout the field of law it be rendered possible for men to know and by knowing to conform to those rles for non-conformity to which they are continually afflicted and in so large a proportion /every [...?] in such numbers/ ruined, the impossibility of such deliverance will be conferred and pre[...?]d by the whole fraternity of lawyers.
  • Title: [20 July 1810 1810 July 20 B 8 Fallacies]
    Description: 20 July 1810 1810 July 20 B 8

    Fallacies Ch. | | Authority

    8

    | | Lawyers interest Sinister

     See whether this sheet be right placed.

    Of every other class of men, it is constantly and universally expected, that taken in a body /the lump/ all[?] their conduct their discourse included will be in a state of constant conformity and subserviency to their own interesty, that is to what upon the whole is all things considered regarded by them as their interest. Upon this supposition proceed all laws. It is only in so far as they operate upon a man's interest that it is expected of them that they will be productive of any effect

    If there be /were/ any reason for expecteding that in the instance of the man of law personal interest should operate with less efficiency than in the case of another man it would rest with /lie upon/ them to produce it, it would be worth their while to produce it.

    If in the case of the man of law their were any reason for expecting that, in the delivery of what is desired by him as his opinion, there would [...?]ly would less probable than the case of any other sort of man, this too it would rest with him, this too it would be worth his while, to declare. Strong and obvious reasons may /might/ be adduced why it it more probable, some why it should be less.