date

20 March 1808 Letter V §.6
20 March 1808

Letter V

§.6. Reasons

Ends of Justice

Misdecision Causes

1. Vices of Jurisp. law 5. Express fact Opportunness[?]

2. Sources 6. Improvidence

7. Arbitrariness

8. Wordiness

9. Incapable of liquidation & Taxation[?]

20. 8. Spuriousness of the rule of action itself, thence its presumable inexpediency: as when, instead of being the work of the legitimate legislator, framed and made by the heads of, or by authority from, the supreme legislator, it is distilled and spun out from decisions in individual cases, and thus in effect, made, in pretence of being declared by the Judge, acting as Judge. In this case is whatsoever portion of the rule of action as exists, in so far as existence can be predicated of it, in the form of jurisprudential law.

Vices inherent in the essence of jurisprudential law are

1. Presumable inexpediency and repugnancy to natural justice: non-conformity to the dictates of general utility, including those of justice.

2. Uncertainty - See further, under the head of uncertainty.

3. Incorrigibility: it being incapable of being by its own force meliorated in respect of expediency without being deteriorated in respect of certainty.

4. Scantiness: its progress over the field of law being, in respect of duration and velocity, determined and limited by the calls made by individuals in the character of plaintiffs.  Go on with the list.

9 x Powers to Session - Rotation

No lawyer so much in official station or geographical distance but that to a brother lawyer his repose - his profit - his interest in every shape - is consulted with a degree of attention beyond any that can be expected for the peace and welfare of a whole people. - Why? because in providing for the interest of a learned brother, he provides for his own: repose or profit granted makes a precedent in this own favour: repose or profit refused would make a precedent to his own prejudice.

The opinion to be confirm[ed] and perpetuated, is that the interest of the lawyer is the sole object worthy of repose, that of the people not worth a thought for any other purpose than, nor on any other occasion than, that of its being made a sacrifice to the interest of higher dignity: and by every instance in which the sacrifice is made, this opinion is made to strike still deeper and deeper roots.

In the character of legislators, a combination[?] between lawyer and lawyer, that is, not a conspiracy against internal peace and justice.
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    1. Uncertainty, its primary and effectual attribute, expressed within the [...?] result of all[?] form[?]

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    7. Barbarity /8 Inhumanity:/ com,posed s it is of a string of spurious laws none /no one/ of which can ever be established without bringing with it that injustice which when /if ever/ inflicted by the legislator forms the disgrace of /a black spot on/ the statute book, under the name of an ex post facto law: instead of a word a blow

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    Nullis lex verbis, a nullo, nullibi, nunquam Law, in no words, by no man, never, made.

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