058-326.xml

Title: [11 April 1805 Evidence Securities]

Description: 11 April 1805

Evidence

Securities

Ch. Procedure Technical

'.3 Objects ulterior

5. Prosecutions are suits: suits constituted by a demand made of satisfaction or punishment, or both on the occasion of an /some/ offence. The greater the number of offences committed within a given time the greater the numbers of offences liable to be prosecuted out of which prosecutions may arise. Fifth object of the technical system: to render the number of offences, (crimes of all sorts included) as great as possible.

That the man of law his own interest in the multiplication /frequency/ of offences in general, and of those more odious offences which are distinguished by the name of crimes in particular, is manifest: for suits occasioned by offences, suits for the prosecution of crimes, are suits.

Note

His interest in this respect his interest is not uniform and absolute. His interest is derived from, and proportioned not to the quantity of mischief produced by the commission of them, but to the quantity of profit extractable from the prosecution of them. In a general way o speaking, it is true to say that it is his interest that as many crimes as possible be committed, because the greater the aggregate number of these that are committed, the greater will naturally be the number of those that are prosecuted. But in the commission of those of mala fide be of which it is certain that they neither will be prosecuted, nor be productive of others that will be prosecuted, he has no interest. So likewise, there be any crimes or other offences, from the prosecution of which no profit is extractable by him, weather from the defendants side of the case, nor yet from that of the prosecutor, in the multiplication of crimes and other offences of the description he has no interest.

A man of law /lawyers/ is a man. From this character he derives a general interest, opposite to the special interest on this ground which belongs to him in the character of a man of law. As a man his interest requires that the number of crimes committed be as small, as a man of law that it be as great as possible.

From crimes /In the commission of offences/ which are not prosecuted, crimes /of offences/ the prosecution of which affords him /if such there be/ no profit, he has no /not in the character of a man of law any/ interest: in these cases, in so far as they can be distinguished from the rest, the interest that belongs to him in the character of a man, being unballanced, will be seen to turn /dominate/ the scale.

In the commission of offences which afford him a half-profit, profit on the prosecution of those not being extractable but from one side, in his character of man of law he will have as it were but a half-interest.

JB_092_139.xml

Title: [25 June 1807 (2) Letter V]

Description: 25 June 1807

(2)

Letter V

II. Litigation

Concluding observations

Where the circumstances of the would be wrongdoer are relatively indigent, especially if those of the intended sufferer by the wrong be relatively affluent, the expence by the prospect of it tends to prevent the commission of the wrong, and where the wrong happens to have been committed notwithstanding, the expence partly by the experience of what is already incurred partly by the apprehension of what may remain to be incurred, tends to prevent the continuance of the suit, by preventing the continuance of the malâ fide defence, and thence the continuance of the suit.

But where the circumstances of the would be wrongdoer are relatively affluent, those of the intended sufferer by the wrong being relatively indigent, the expence by the prospect of its effect on the intended sufferer tends to promote the commission of the wrong, but again when the wrong having been committed accordingly, the party wronged notwithstanding has indigence ventures to such redress and so commences a suit, the tendency of the expence is, as before partly by the experience of what is past, partly by the apprehension of what may be to come, partly by the utter inability to continue the pursuit, to put an end to the pursuit, and so in that way to the continuance of the suit. However, though under the pressure of the expence many of the wrongs produced by the prospect of impunity there will be some that will not be productive of juridicial[?] complaint, yet forasmuch as of the many wrongs which but for this encouragment would not have been committed there will be some that will produce each of them a suit, thus it is that in this case the effect of the expence will be upon the whole to give encrease to the number of suits.

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.