date

[lxxxiv. 26] 1821 Decr 6. Codification
[lxxxiv. 26]

1821 Decr 6.

Codification Proposal

penult

?.5

Lawyers interest

Criminality /Misdeeds/ in every shape, and in particular in their most mischievous shapes, possess /have/ /behold/ in falshood an ever ready instrument. On more accounts than one it is the lawyers interest that particularly in so far as it is an instrument in the hands of injustice, the quantity of falshood should be as great as possible. It is of use to him in the way of profit: by multiplying lawsuits and thence bringing business to his office. It is of use to him in the way of reputation: namely by its tendency to reduce other mens reputation in this particular to a level with his own. Other men practise it incidentally: he, constantly, other men deny it; he (the Advocate as such) professes it. [...?] which he [...?] to be false come into his hands in unumbered multitudes, all of them in so far as any hope of escape from detection presents [?] /has place/, he represents as so many truths.

For a single falshood uttered on the occasion of judication /a lawsuit/ a man who is not a lawyer is punished to [...?...?] Not to speak of advocate: in a certain country the Judge by whom he is punished, is in the habit not only of uttering falshoods on the like occasion but of forcing all suitors on both sides into the mouth and [...?] of suitors. A country may /might/ be named but need not be named in which if falshood be a spot, the most severely punished perjure is an immaculate character in comparison of the judge by whom he has been punished. /one by [...?...?] the [...?]./
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    It is the lawyers interest that the number of such lawsuits such as afford lawyers profit should be at a maximum /as many as possible/: and that the most profitable be the most numerous: it is the same time his interest /and/ that of those that afford no lawyers profit the number be a minimum /be as few as possible/, the result of them to the lawyers being burthen without compensation /uncompensated/.

    Thus [?] [...?] is [?] The lawyers interest. The wealthy Aristocrat's interest is much diveded. In every case in which he is in the right and has an Aristocrat for his adversary it is his interest that the sum of expence on his part, vexation on his part and delay be as small as possible. But if he be in the wrong and has an Aristocrat for his adversary, much more if he has a man much [...?] in pecuniary circumstances for his adversary, it is his interest that on the adversarys side the expence be as great as possible: that so the adversary may be disabled or deterred from resistance.

    Upon the whole the sinister interest of the opulent Aristocrat coincides in this part of the field with that of the lawyer: for as to the evil that may result to himself from the factitious expence vexation and delay, a man's /the natural/ confidence in his own good fortune represents it to him as a rare casualty: which as towards all those, the [...?] of whose circumstances would disable or deter them from resisting him, he beholds, in the aggregate of that mass of [...?] an instrument of power by which he is enabled /constituted/ to tyrannise over all who are so circumstanced, be the multitude of them ever so great.
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    Append

    Lawyers interest

    Judges [...?]

    In the plan of a Judicial Establishment, drawn up by the author of these pages for France about the year 1790, to much [?] provision for exuberance in the demands for judication power was given to every Judge to appoint Deputies in any number on his own responsibility and without pecuniary [...?] at the expence of the public of his own choice. After a certain time, the choice of the Minister of Justice might be confined to such as had a certain length of experience in the above described situation of Judge Deputy. In the mean time, that is to say between the day on which the body of law comes to be in force and the day on which a sufficient number of men endowed with a sufficient stock of appropriate aptitude by exercise in [...?...?] of justice [...?...?] had /shall have/ been provided, it would be necessary to have the [...?] entirely or nearly open: it would be for consideration whether during this period any man who had practised as an Advocate /by whom in the character of Advocate his mind had been prostituted/ should or should not be capable of receiving the appointment /exercising the office/ of Judge.

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    The most opposite parties agree in to admitting of this production of absolute wisdom, because the most opposite parties each putting his own interpretation upon it, makes application of it to his own purpose.. Each swells and looks big, and in his own eyes and in the eyes of his dupes shews by the impunity [?] with which he employs the instrument the honor due to the inventor of it.

    With or without her consent suppose the King to violate another mans wife. For this misdeed of the Master who is the servant that is to be punished? The Archbishop of Canterbury for instance or the Lord High Chancellor? This is among the question by which as yet no decision has been received

    It remain what it has ever been an inexhaustible mine of controversy of endless and aimless [?] argument, and so will continue to be so, until with the rest of the flash language it is [...?] in that gulph of oblivion which awaits the whole mass of this [...?] part of the language.