1819 July 3

Defence of | | Universal against Ed. Review

II Indirect attacks

1

Thus much for the direct arguments: for the arguments addressed to the self-formed judgments of readers.

Now as to the indirect arguments: the arguments addressed to their derivative judgments: arguments which have for their object, the substracting /takes[?] off/ as much as may be from what is called the weight of any authority which I may be supposed capable of possessing: from the influence with which, in that way, my understanding may be supposed to act /exercise/ on the understandings of my readers.

As to any authority /weight/ with which it may happen in any instance my opinion as such may operate, if there be any such persons, I have declared it in print more than once, I am not of the number. Ipsedixitism, the foundation of most mens opinions and arguments in the field of morals including that of morals, is the instrument against which ever since I began to form an opinion I have had to fight and which {by} pride and shame {I} have ever been prevented from attempting to take /sufficed to prevent me from ever taking/ in hand. I should be covered with shame if any passage could be /were ever/ shewn to me in which I had given any opinion of my own as a reason for itself. But some it appears there are by whom it is regarded in that light: some who from my self-formed judgment are supposed to have a tendency to deduce a derivative judgment for their own use. By the Receiver in question such must have been the opinion /notice/ formed the suspicion at least entertained: for the considera[?] and gentleness so conspicuous on every page excludes all suspicion of every design of which personal ill-will is the source – of any endeavour or wish to wound /gall/ in any degree the feelings of the individual spoken of.

The charges /insinuations/ /imputations/ spoken employed for this purpose seem reducible to these two heads

1. That my habits of life I am rendered comparatively incompetent for /to/ an inquiry such as that in question

2. That the style in which on this occasion I have written has something uncouth in it and repulsive

3. That in the hope of the praise of originality, I have employed new words of my own coining for giving expression to old ideas which might more advantageously be expressed by words already in common use.
Similar Items
  • Title: [1819 March 15 + II. People Errors]
    Description: 1819 March 15 +

    II. People Errors

    Error 4

    Influence

    7

    2

    Nor yet Under all this perplexity, am I altogether without consolation, considering the opportunity thus afforded me, of giving, as I hope to do by illustration, a little more clearness to certain ideas which I have ventured to submitt to the public in this or that former publication: especially considering the hope how faint so ever, which it seems to hold out to me, of finding those poor works of mine receive the honour of being taken for part and parcel of that matter, upon which Your Lordship’s “system of defence” may exercise itself.

    The ideas in question consist of that /those/ which bring to view in the first place the distinction between influence of understanding on understanding and the influence of will on will: in the next place the distinction between self-formed judgment and derived or derivative judgment.

    Now then, to apply to the clouds raised by Your Lordship’s eloquence those elucidating distinctions The influence of understanding on understanding I admitt and hold to be not only not illegal (heartily do I wish that it were on all occasions legal!) but “ not unjust” – in one word just – in all cases. The influence of will on will, whether avowed or unavowed, I hold to be unjust, in so far as it is employed for the giving determination to conduct in any case in which by law or morality such conduct is supposed to be free: – in every such case unjust; though unhappily, not in every such case illegal.

    In regard to the influence of understanding on understanding, what I shall hold is – that, on all questions of public concernment without exception, the exercise of it ought to be left – left not only by law but by public opinion – in a state of the most perfect freedom: on all questions of public concernment in general; and in particular in all cases in which either politics, morals, or – to conclude with the object of highest concernment – religion, are concerned.
  • Title: [April 1807 Lawyers judged I]
    Description: April 1807

    Lawyers judged

    I will now state to you, with that simplicity /openness/ which scorns all disguise, why it is that in my humble opinion the opinion of their learned Lordships has no claim to your regard.

    Prefixed to the mention of my own opinion, the word humble is not an [...?] formulary /as at the close of a letter/. Less weight than I myself ascribe to it, it is not in your power to ascribe to it. I never do ascribe any weight to it at all.

    On this as on every other occasion, my opinion here[?] I set down as equal to 0. My reasons are as follows. of the form of them you will judge.

    1. Under the mode of remuneration pursued in Scotland as well as in England /- and about every where else/ the interest of all lawyers is in direct opposition to that of all suitors. The interest of their learned Lordships your Judge, in whose will in so large a measure every thing that belongs to you or is dear to you depends - are lawyers their interests are therefore opposite to yours.

    2. Men's judgments are warped, their prejudices are begotten by their interests. The interests of their learned Lordships being adverse to your interest, their prejudices are so too. Be their judgments ever so sincere, they are not the less necessarily adverse to your interests.

    It is the interest of you all in the character of suitors - that is of individuals exposed to the calamity of becoming suitors - such among you excepted as mean distinctly, and ni your transaction with /in/ Courts of law are conscious of being in the wrong, it is your interest that the ends of justice be in every /each/ individual instance pursued and fulfilled to the utmost possible extent. Far different is the interest of these Your Judges

     [...?] law[?]
  • Title: [15 Decr 1801 Maximum 5]
    Description: 15 Decr 1801

    Maximum

    5

    I mention thus much – I go /travel/ with the more freedom /latitude/ in this line

    of argument – that it may be seen whether any prepossession – any ill humour,

    any precipitancy – adherence to formerly declared opinions has had any share in

    the production of the sentiments here expressed – or rather of the arguments

    here submitted. I say the arguments: for it is thus for them to speak for

    themselves and to make whatever impression they are competent /qualified/ to

    /may be commensurate to/ make by their intrinsic weight. As to opinion – of that

    fixed and decided sort by which conduct is determined, it is matter of

    self-congratulation to me that in my humble situation I am not obliged to form

    one: but if I were, judging from such lights as have as yet appeared to me I am

    inclined to think it would be in favour of the maximum law. As to authority if

    any one should be inclined to bestow the weight of a gram upon the opinion, as

    adding a particle of force to the arguments more than they would appeared to

    possess had the quarter from whence they come remained unknown, he will ascribe

    /set/ so much more value to /on/ it than is ascribed to /set on/ it by the

    author himself by him who entertains it.

    I have endeavoured /studied[?] for about these 30 or 40 years/ and I think I have

    succeeded so to order my mind as to be able to stop at any point between perfect

    conviction and absolute doubt, according to the opponent force of evidence in

    each case, as it presents itself at the time.