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[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.
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Title: [[lxxxiv. 45] 1821 Decr 14 Codification]Description: [lxxxiv. 45] 1821 Decr 14 Codification Proposal 20 Appendix Lawyers interest 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.
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Title: [[lxxxiv. 8] 1821 Novr 26 Codification]Description: [lxxxiv. 8] 1821 Novr 26 Codification Proposal 30 ?.5. Draughtsman Single /Appendix/ III Lawyers interest For the same reason it is their interest that to the greatest extent possible the rule of action the standard referred to a judicial decision be in the state of Common or Unwritten as it is called that is to say fictitious law © law /a portion of discourse/ the existence of which is on the occasion of such such decision to give /for the purpose of giving /providing// the appearance of a warrant for such decision pretended to have command [?] from the persons having authority to make law while in truth no such portion of discourse sanctioned by that authority and applying to the case in question is in existence.
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Title: [8 March 1807 Judicial Justice]Description: 8 March 1807 Judicial Justice Letter V I. Shapes 1. Misdecision The rule of action being in the state of statutory law, the question of law is therefore uniformly a question concerning the import of a certain word or assemblage of words. But whose then are these the words? Of whom, but of the legislator? If, among those whose duty and business it is to assign an import to any such assemblage of words, there be a doubt which of two imports is the true one, to what Oracle should recurrence be made, but to the legislator? If it be a law of his own making, is there any other person so well able to understand, so competent to declare what his meaning was or is, as he? If it be among the laws received by him in the way of adoption from his predecessors, if he understands[?] not better than any one else, what on the occasion in question was their will, what he can not but understand is a matter still more directly material - viz: what at the time in question is his own will: that will which in truth at each given moment of time is the only immediate rule of action and standard of rectitude. Go on to explain what constitutes the matter of law under jurisprudential law, in analogy to the above.
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