date

1819 July 4 Defence of | | against
1819 July 4

Defence of | | against Ed. gh Review

II Indirect attacks

5. Judica-teipsum principle

1

5. Judica teipsum principle: alias the self-judging principle.

In my character of Defender of the people, it was my interest that the abuse thus denominated, and thus for the first time named should be placed /made to stand/ in the clearest and strongest light, and to that end that there should be a name by which it might upon every occasion be spoken of

But in the character of Defender of the Whigs, and rather than they /than his Clients/ should not be sufficiently defended, Defender of the Tories likewise it was the Reviewers interest that this same abuse together with all other abuses in which the Tories and thence the Whigs find /behold/ their profit, should be locked[?] up /continua[?]/ and kept out of sight as effectually and as long as possible.

It is by means and virtue of this principle, that in the highest and the most important in name and pretence the most responsible office whatsoever be[?] a man’s misdeeds, impunity is sure: his judges are his confederates /associates in transgression/ men who are bound to /linked with/ him by the ties not only of self regarding interest but of sympathy.

In the judicial department it has two branches: that by virtue of which a man is judge in a cause actually /particularly and strictly/ his own: and that in virtue of which he who in a cause between others is judge in the first instance, is preceding and leading Judge in the 2 d and last instance.
Similar Items
  • Title: [nd Defence of | | ag st Ed. gh Review]
    Description: nd

    Defence of | | ag st Ed. gh Review

    II. Indirect attacks

    5. Judica-teipsum

    4

    What connection is there /Where is the connection/ between Parliamentary Reform and reform of Law alone[?] was /is/ a question put it is said by a Member to Sir Francis Burdett on the occasion of the mention made of them on the 1 st of July 1819 in his parliamentary reform speech. The gentleman is now answered. If he desires any further answer, he may see it in my Scotch Reform my French Judicial Establishment papers a few copies of which have just been transmitted to the Booksellers, in a printed fragment which I leave[?] at his service on the law of Evidence and in various Manuscript papers remaining always unpublished, because always without hope of notice.

    Judica teipsum in that principle may be seen a plug by which all ears are closed.
  • Title: [1819 July 4 Defence of | | ag st Edinb]
    Description: 1819 July 4

    Defence of | | ag st Edinb gh Review

    II. Indirect attacks

    5. Judica teipsum

    3

    On the part of the Whigs had there been the least spark of a regard for the so much /indefatigably/ boasted purity here would have been an occasion for the display of it. But here instead of correctors of it, they were accomplices in it.

    If there be one fact more incontestable than another, it is that the common law including the system of judicial procedure had for its object from beginning to end the interest not of the people over whom it was made but of the Judges /Kings[?] removeable creatures/ by and for whom it was made: and it is to this in conjunction with the low taxes that we are indebted for the denial and sale of law, and the delay vexation and expence by which the sale is made[?] /effected/ those corrupt objects are accomplished.

    If ever there was a situation in which interest was set /made to stand/ in opposition to duty it is that of an English Judge. There is no country under the sun in which so much is made in that situation as in this: for if not in what is above where shall corruption be found.

    In a cause between power and weakness, the temptation to create[?] inequity is as great as it is in the power of temptation to make it: peerage or advancement or peerage for self, every thing else for dependents and corruption[?] of all sorts. Out of this source[?] comes libel law

    All this has been made manifest by me in several works: but those who suffer by it can not carry their eyes[?] into this scale[?] of inequity[?], and those who profit by it, Whigs as well as Tories of course will not.

    In a cause between A and B, it is my belief that partiality is but rarely if at all exercised. it certainly is not the fashion. But it may be exercised to any extent – it is actually at this moment exercised by every Judge without exception /for any thing that any body can know to the contrary/, and there would be no possibility of its being punished, prevailed, or so much as known. Such must every where be the case in so far as real law is silent, and where for want of one the rule[?] of action is manifested upon each occasion by every Judge according to his own pleasure, for which something which he may call a precedent never has been nor ever can be wanting.
  • Title: [1819 July 3. Defence of Ballot & Universality]
    Description: 1819 July 3.

    Defence of Ballot & Universality against Ed. Review

    II Indirect attacks

    5

    {1. Influence of understanding and will}

    3. Judgment self-formed & derivative

    Whigs […?] if annoyed by those distinctions

    2. Seduction alluring and intimidative – corruption and terrorism

    4 Appropriate aptitude.

    5. Judica-teipsum principle.

    ☞ Conclude with the necessity of new names to correct predicature[?]. Instance names of Bills.

    6. Terrorism vote-compelling, and competition excluding

    Instances of new expressions having for their object the exclusion of misconceptions which it is the interest and thence has been the endeavour, of his Clients[?] to promote {and propagate}.

    1. Influence of understanding on understanding – influence of will on will

    Applied to the subject in question, (as to every other /not to speak of others/), influence of understanding on understanding is not only salutary but necessary: d o of d o of will on will unnecessary and pernicious. Whigs for the preservation and acquisition of their seats while out of office, and for the means of securing parliamentary votes in the event of their coming into office, having as well as Tories an undispensable demand for the means of exercising influence of will on will, hears[?] in his Defence of the Whigs, Lord Erskine shutting his eyes against this distinction which he might have seen and probably did see brought to view in my book and by these means /expressions/ represented all-influence, influence without distinction or exception as being salutary and necessary.