date

18 July 1810 Fallacies Ch | | Ins
18 July 1810

Fallacies Ch | | Ins employ most

or 8 9

If instead of unpopularity mischievousness were the quality generally looked for in the abuse or imperfections taken for the subject /ground/ of attack the system of abuses and imperfections of which the administration of what goes by the name of justice is composed would long ago have been scrutinized into and ransacked to the utmost, and that natural system which has for its objects outwardly[?] dispatch cheapness and unvexatiousness substituted throughout the whole field of law to that technical which has had for its object and its effect the screwing up the degree of uncertainty, delay, vexation and lawyer's-profit-yielding expence to the highest possible pitch consistent with endurance. (+) Unfortunately that part of the mass of abuse and imperfection which has this part of the field of government for its theatre falls as far short of every other part of the same mass in point of unpopularity as it exceeds it in point of real and personally felt /home-felt/ mischievousness.

 Add the [...?], or copy from, or refer to some other place for a brief dis[...?]tion /allusion[?]/ of the imperfection of the judicial systems and their want of adequate unpopularity.

(+) See Scotch Reform passim
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  • Title: [17 July 1810 1 Generalia Fallacies]
    Description: 17 July 1810 1 Generalia

    Fallacies Ch. | | Ins employ mass

    5

    A lawyer will declare[?] on the lib[...?] side for his party as well as for his fee: [...?] against the abuses of the law[?]

    J.B. personal knowledge as to Pratt and Dunning

    It is to them as to besiegers of a fortress.

    To this question two answers present themselves. One is, that as /in regard/ to the main stock of abuses and imperfections, the interests of the Outs is the same with that of the Ins. For it is only for the purpose of gaining the position of /occupied by/ the Ins that their /the/ attacks made by them upon that position are, generally speaking, made. With relation to the main stock /great mass/ of those abuses and imperfections, it is not their interest it should be cleared away - it is in but a little less degree their interest than that of the Outs that it should continue to be sufficiently defended.

    True it is, that now and then it is from this quarter that now and then /here and then/ an attack upon this or that abuse seem imperfection, those not being imperfections[?] is seen to be made: and there being no other, it is from this quarter if at all that any /every/ such attack will and must be made.

    But it is only for want of other more advantageous modes of attack that this disadvantageous [...?] is recurred to. The advantageous modes of attack are those which are /the opportunity for which is/ afforded by some alledged misconduct /instances of misbehaviour/ committed in the ordinary track /course/ /exercise/ of their executive function by the p[...?] of Ministers or this or that particular member of that body or official subordinate acting under their protection or by their orders, an attack which may not only be made by become successful /carried on, but /successfully/ carried on with success/ without prejudice to the system of abuse and imperfection under and [...?] favours of which the Supposed acts of supposed delinquency were committed.
  • Title: [13 July 1810 + ' . 6 10 Fallacies]
    Description: 13 July 1810 + '

    . 6 10

    Fallacies 1 Generalia

    Ch. 1. Generalia

    1

    . 6. III Eitherside fallacies

    '. | | Eitherside fallacies - their general nature.

    Eitherside Fallacies is a denomination that may serve to characterize /for the designation of/ all such fallacies as are alike suitable /suitable/ to both positions. viz. that of the Ins, and that of the Outs: being applicable at pleasure either to the /in defence/ of some abuse or imperfection of the existing system of laws, government and administration or or in some instances /in the case of some of them/ to the defence of individual misconduct and /or/ transgression on the part of administration - on the part of the Ins.

    Being of the plainest nature it will readily enough be conceived of them in the way of anticipation, and upon examination it will in relation to them be evident, that they possess, all of them without exception, and in the purest form and most perfect degree the attribute of irrelevancy: in which respect they agree or hath been /will be/ seen perfectly with the fallacies of the Ins, and less perfectly with those of the Outs.
  • Title: [12 July 1810 Fallacies Ch | | Ins]
    Description: 12 July 1810

    Fallacies Ch | | Ins employ most

    7

    Under these circumstances suppose any /an/ attack made by some chance hand on any part of the system /mass/ of abuse and imperfection on /against/ which it has not by the /habitually confederated part of confederacy of the/ outs been seemed necessary or advisable for them to direct their operations, they will find a double reason /sufficient reason/ for not setting themselves to work either to employ or to combat the swarm of fallacies which on the defensive war has produced on part of the Ins will be employed of course for 1[?] by having of those who are in actual possession of the fortress the defence of it and the application of those engines to that purpose, they will save their own time labour and reputation /will as be so much be saved/, and the risk of rendering these engines: by means of a too efficient /effectual exposure will be avoided.