date

[lxxxiv. 7] 1821 Novr 26 Codification
[lxxxiv. 7]

1821 Novr 26

Codification Proposal

30

?.5. Draughtsman Single

/Appendix/

III Lawyers interest

In regard to the number of such of all sorts, it is the interest of the greatest number of the community, that while the facility of obtaining the service due from Judges to the people /members of the community/ in the character of [...?] is as great as possible, the number of instances in which application is actually made for it be as small as possible: that thus the aggregate mass of evils of litigation namely expence, vexation and delay be as small as possible. It is the interest of the lawyer class that this mass be as great as possible, for the sake of that portion of the expence which goes into lawyers pockets in the shape of profit.

As it is the interest of the greatest number that of every thing the effect of which is to give encrease to the aggregate amount of the mass of evils opposite to justice namely misdecision under litigation, [...?] non©decision expence vexation and delay the quantity /aggregate amount/ in so far as it is productive of these mischievous effects be as small as possible, so it is the interest of the lawyer class that the quantity of evil in these several shapes be as great as possible.

It is therefore their interest that transgression in all shapes those excepted /except in so far/ in which it would be personally mischievous to themselves as also that disputes and disagreements among the people be as numerous /abundant/ as possible.

It is therefore their interest that improbity in every shape injustice, oppression depredation, in a word maleficence [?] in every shape in so far as it is productive of such transgressions and such disputes be as abundant as possible.

It is therefore /For the same reason,/ their interest that ignorance of the law or what is better /may be still more advantageous/ misconception of the law have place to as great an extent as possible.

For the same reason it is their interest that in so far as the /if that/ decision of the Judge has /depends upon/ Statute law for its professed of that /whatever/ part of the standard of /guide to/ decision is in the shape /state/ of Statute law that is to say of really existing law, the operation of taking inspection /the difficulty of obtaining cognizance/ of it be as difficult /great/ and as rarely performed as possible: and that therefore the aggregate mass of it be as large and as costly, and the difficulty of finding out in the aggregate mass what on the occasion in question a man has need to be acquainted with be as great as possible: and that
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    III. In respect to Lawyers power and influence

    The peculiar and sinister interest of the fraternity of lawyers being thus adverse and irreconcilably hostile to the interest of the greatest number What the interest of the greatest number requires is, that the power and influence possessed by that same hostile fraternity be as small as possible:

    On the contrary What /That which/ the interest of the fraternity of lawyers requires in this particular /relation to this one of the elements of human felicity/ is © that it be in their hands as abundant as possible: and therefore that its operation be as independent of the operations of the acknowledged legislator or legislature as possible.

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    Interest of the greatest number in respect of the number of causes or suits at law

    In respect of the number of causes or suits at law, it is the interest of the greatest number of the community in regard to suits between individual and individual for redress of /remedy to/ wrongs by individual to individual, it is the interest of the greatest number of individuals /what the public interest requires, is,/ that the number of such wrongs committed should be as small as possible and that from this cause the number of suits should be as small as possible. But, the number of wrongs actually committed being given, it is their interest /what it requires is/ that the number of suits instituted should in case of refusal of redress by the wrongdoer, the wrong doer having it in his power to afford redress that is to say of such as are at once [?] just and necessary civil suits, be as great as possible.: on the other hand /side/ it is their interest /what is requires is/ that in those cases in which the wrongdoer has it in his power to afford redress, the number of suits continued by his Defence in a word unjust civil defences be as small as possible: and this not only in the case of those who are without considerable injury /suffering/ able to endorse /defray/ the expence /demand [?]/ of pursuit and defence, as in the case of those who are not: in the case of solvent as well as in that of non solvent litigants,

    [...?] /Next/ As to this same matter see what the The interest of the lawyer class requires, it is this, That of the suits which /in so far as/ on either side /will/ are capable of /out of the expence there exists a capacity of/ affording lawyers profit, be as great as possible: and that of those which are not capable of affording /would not afford/ lawyers profit the number be as small as possible.

    That accordingly for maximising /heightening/ the number of suits the aggregate number of wrongs committed be in the aggregate as great as possible: and thus that the number of suits which are on the plaintifs side just and necessary be as large as possible. that so among them the number of those which are capable of affording lawyers profit be as great as possible.