JB_084_009.xml

Title: [[lxxxiv. 9] 1821 Nov. 24. Codification]

Description: [lxxxiv. 9]

1821 Nov. 24.

Codification Proposal

10

?.5. Draughtsman Single

/Appendix/

Lawyers have double sinister interest: 1 as Lawyers, 2 as members of the Aristocracy; connected with the others.

One sinister interest there is, which is common to all countries and sure to have place in a body of this sort. This is the interest of the Lawyer class. It is their interest that the number of suits be as great as possible: it is their interest that the expensiveness of each suit be as great as possible. It is their interest that their influence in the event of each suit be as great as possible. That the number of suits may be as great as possible it is their interest that the purport of the law taken © the whole together be as little known as possible: that, to this end, over the greatest portion possible of the fields of law & judicial decision, no real law shall have place: and that the place of it be in each man's mind be supplied by an Article of imaginary law, composed of a conjecture, what, in case of litigation, the decision of the Judge will be: the Judge being, by the non©existence of real law, left at liberty to feign the existence of an imaginary law, framed by him on each occasion: feigned by him for the purpose of affording a warrant, for whatever decision happens to be best©suited to his purpose. It is their interest, that to this same end what patches there are of real law stuck upon the all©comprehensive ground of imaginary law may separately taken be expressed in words and phrases, as obscure and ambiguous as possible and in the whole together in masses as enlarged and confused [?] as possible.

To the same end it is their interest that the terms in which expression is given to that portion of the rule of action which is in the state of imaginary law, and thence to that which is in the state of real law should in as large a proportion as possible be either word of their own fabricating to which no idea can be annexed by those whose lot they dispose of, or of words in common use to which in their discourses they attach a meaning different from that which is attached to them in common use: in such sort that whoso attaches to them the meaning in common use and conducts himself accordingly, may fall into the snare /be deceived/, and be involved in litigation

JB_084_007.xml

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

Description: [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

JB_084_048.xml

Title: [[lxxxiv. 48] 1821 Decr. 14]

Description: [lxxxiv. 48]

1821 Decr. 14

Codification Proposal

20

Appendix

Lawyers interest

Law ”[...?]• here [...?...?...?], under another head

That wrongs may be as rare as possible, and to that end, that well grounded demands for redress of wrongs make [?] have effect and to that end be made in as great abundance as possible, what the interest of the greatest number requires that the knowledge possessed of that rule of action in which all such demands have their ground be as universal, as particular and as constant and as particular /detailed/ as possible

For this purpose what it requires is 1. that for the designation of the rights by the infraction of which the several wrongs in question are done /committed/ be designated in as plain /clear, correct, and comprehensive/ a manner as possible, and that knowledge /information/ of them [?] t all times at which either he who has right has need of being informed of it for the purpose of reaping the benefit meant to be conferred by it, or he who for want of being informed /[...?]/ of it might be apt to infringe it, information /the conception/ of it may at all times be present

To be /Before it can be/ made known, a portion of discourse destined to serve as a rule of action must in the first place © have existence

To the purpose of its being the rule of action designated in as plain a manner as possible what this same interest requires is that it be constituted by a certain visible body of discourse conveyed throughout by a determinate assemblage of words: of words such as throughout shall be /are/ the same to every eye: and that this be the discourse of a determinate person or assemblage of persons who are universally recognized as having power to make law, and who are accordingly in the habit of offering discourses as are designed to be universally received and are accordingly in the habit of being received as law: not the discourse of any person or set of persons who do not so much as pretend to have any power to make law: in a word that it be in the form of the only really existing sort of law, called Statute Law, and not in the form of that unreal, purely imaginary, fictitious, spurious and mendacious substitute for law, which is made by persons not so much as pretending to have power to make law, counterfeit law made by Judges as such, made by Judges on pretence of declaring what is law, knowing all the while that what they thus utter as law is not law, is no more law than a piece of base metal uttered by a coin of false [...?], is a piece of lawful money, uttered from the national mint.