1
results found in
23 ms
Page 1
of 1
Evidence
23 July 1805
Perversion
Between the fabrication /sort of forgery/ attempted behind the custom, and the fabrication practiced upon the bench, there is again yet another difference. The source of profit is different in the two cases. In the case of the malefactor, recognised as such, the profit reaped by the secret, if any be reaped, is reaped from the individual false will in question, from the individual act by which that false will is /was/ /has been/ made. In the case of the Judge, and his practises in the iniquity, the source of profit is not confined to any one false will in particular, but the stream flows alike from all the suits in which with whatever success, at the instance of a false document, the making of any such false will is attempted to be procured.
Not that of itself /Of itself however/ this source of profit is not productive enough, to satiate /satisfy/ the rapacity of the man of law. In another place this has been shown to belong to the number of cases in which he has contrived to provide for himself two opposite fountains of decision, so circumstanced /situated/ that from which of them he will draw his decision, /on each given occasion/ his response of the suits will be drawn, shall, previously to litigation /[...?], that is to/ appear sufficiently and uncognisable. In the present case to fan the fountain of technical perversion as above delineated, he has contrived to keep up in a state fit for playing /of/ /constant readiness/, the fountain of real intention. To draw from the one or from the other source is equally open to the revered Juggler's choice. In addition to the profit (of which nothing is ever said, by any body,) praise, whichsoever of the two sources it shall please him to draw from, is equally secure. At the different fountains altered two different virtues, eager /in readiness/ to crown their receptive customers /votaries/: at the fountain of trial intention, Liberality: at the fountain of Technical Perversion, Constancy: Constancy whose motto is stare decisis: Constancy the [...?] handmaid of jurisprudential Science.
Similar Items
-
Title: [29 July 1805 Evidence Introd]Description: 29 July 1805 Evidence Introd Ch. II. Vices To apply to this head of uncertainty the parable of the two opposite fountains. Opposite to each of these two fountains of (misimportation) mis-construction, the fountain of restriction and the fountain of ampliation stands the fountain of reason and utility. Moreover under each judicial robe, in each judicial person, are contained two natures, the nature of the lawyers, and the nature of the man. Is it convenient or agreeable that the decision should be according to justice? It is drawn by the man from the fountain of reason and utility. Is it more convenient or agreeable that it should be contrary to justice? It is drawn by the lawyer from the fountain of restriction, or from the fountain of restriction as the nature of the case may require.
-
Title: [30 July 1805 Evidence Note]Description: 30 July 1805 Evidence Note 2 Introd. Jurisprud. ch. II. Vices 9. Incorrigibility As in their adherence to preceeding decisions and dicta English lawyers /Judges/ have, from various causes, been more strict than the lawyers /Judges/ of perhaps any other nation, the /a necessary/ consequence is, that the vices /defects/ of English jurisprudence must have been so much more incorrigible. To this superior /more invincible/ incorrigibility may accordingly be ascribed /attributed/ in some degree. And as in English Law the defects of jurisprudential law are more invariable incorrigible than in any other nation so the [...?] bestowed on it in England so are proportionably outstrip by far whatever has been exemplified /bestowed on their/ own jurisprudence by the lawyers of any other nation upon earth. Secure /When once secured/ against contradiction, panegyric spurns all bounds of truth and reason /common sense in the room of a vice be it ever so characteristic and [...?] it [...?] without/. The property /virtue/ opposite to this self-evident incorribility is among the endowments /the endowment selected by/ /points of excellence and superiority with/ which Lord Mansfield chose for [...?] /chose for demonstrating the superiority of jurisprudential as compared to statute law/. "A Statute (says he) can seldom take in all cases. Therefore the common law (jurisprudential law) that [...?] itself pure by rules drawn from the fountain of justice, is for this reason superior to act of parliament." "From the period of this great judgement to the present time (continues his Lordship's biographer) the law has gone on continually working itself pure (to use Lord Mansfield's expression) by rules drawn from the fountain of justice". That common law is [...?] enough /has need enough of being worked pure/ may be admitted without much difficulty: but where are its means of working itself pure? When rules of an absurd and mischievous complexion are one /have once been/ established by the /a set/ [...?] of Judges, not to speak of disposition, what means have their successors of ridding the law of those rules? None but by departing from the fundamental principle of stare decisis, and thus assuming to themselves the authority of legislators. Another mistake consists in the speaking of judicature as having but one formal aim to draw its rules and decisions from, a fountain decorated for the purpose with the title of fountain of justice. The fact is, that throughout the whole field of jurisprudential law (as we have seen) judicature has two fountains to draw its rules and decisions from, two opposite fountains, the fountain of reason and the fountain of precedent, from either of which, on each occasion of doubt, the Judge draws his decision, according as he happens to be in a mood. It is from the mixture of these different streams that it is continually working itself muddy: and if ever and any where it is destined to be worked pure, it must be by the river Alphius turned into the channel by the hand of the legislator in the character of Hercules.
-
Title: [5 Feb y 1809 Peines the will]Description: 5 Feb y 1809 Peines the will is always from - the may at any time be But even when doors are not shut and light is minimally the medium in which the question subject is agitated, yet the light in with which the fate of the question and of the individual concerned in it is encompassed is always of that without any exception sort of light which is next to darkness in other stands words synomymns has been bound visible. Bound by the graceful decorous and protective protecting chains of law jurisprudence, the by which it that fate is determined is always in effect and substance free, the foreknowledge may, at any time be absolute. On the one hand stands the prohibition law article is of law, will the punishment designation made of description attached to the violation of it, and of the sort ofact by which it is violated transgressed: on the other hand stands the act that transgression the subsequent transgression real or pretended,[+] imputed a transgression which has nothing to do with no connection with that of the delinquent principal, a transgression which is to a person other than the principal original delinquent who is not supposed it least to have any thing to do with the delinquent which out of supposed transgression thus imputed to one person is supposed to have been made by some subsidiary rule of jurisprudential law a supposed pretence reason for giving in in the tenth of effects of the principal law impunity to the criminal by whom it has been proved to have been violated transgressed. Here then are two opposite fountains, the fountain of justice and the fountain of impunity, by misnomer misnamed named the fountain of mercy from either of which, let him say what he will all verbal baids and objections notwithstanding, the judge is as are within always at perfect liberty to draw his decision, whichsoever it be that suits best with his convenience or his taste: for and lest the confusion should not otherwise be thick enough, when it is from the fountain of impunity that the decision is drawn, nicety, strictness strictness, nd rigour and the like, not the terms employed to characterize the conduct of the minister. minister of justice by by whom the licence has thus been granted to criminality the malefactor, has thus reward his crimes.
1
results found.
Page 1
of 1