date

[lxxxiv. 61] 1821 Decr 15 Codification
[lxxxiv. 61]

1821 Decr 15

Codification Proposal

20

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.

It is only by the vitious state of the law that females whose contract for sexual intercourse is but for an /a single/ hour are rendered less virtuous than those whose contract is for life. by /in/ the interest©begotten tyranny of the stronger sex over the weaker will be found the interest©begotten prejudice by which while the reputation of one /the stronger/ party is destroyed by the short duration /short livedness [?]/ of the contract that of the other /weaker/ remains untouched. Not so in the case of the Advocate. It is by the atmosphere so saturated with sinister interest that he breathes and the discourse [?] which the habit of yielding to its suggestions has planted in his mind, it is by the perpetual habit of giving support to injustice, and employing mendacity in the number of his instruments © it is by this that the appropriate moral aptitude with reference to this function is [...?] © in his instance /case/ the highest possible degree of the opposite inaptitude.
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    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.

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    III. Aptitude and Inaptitude

    In every /any/ political situation and for every sort of political work, such are the elements of appropriate aptitude. In every political situation appropriate aptitude finds itself encountered by the operation of various causes of relative inaptitude © causes the tendency of which is to diminish the degree of appropriate aptitude on the part of persons filling the situation in question or engaged in the work in question © diminishing it in one or more of its several shapes as above.

    The following are the heads under one or other of which /Sinister interest, interest©begotten prejudice inbred intellectual weakness, authority©begotten prejudice © here in these heads, one or other of them/ /will/ the several causes of such relative inaptitude may it is believed be comprehended will it is believed be found /it is believed/ comprehendible:/./ namely 1: Sinister interest: 2. Interest©begotten prejudice: 3. Original /General/ intellectual weakness. 4. Authority©begotten prejudice

    By sinister interest understand interest acting upon human /man's/ conduct in a direction opposite to that which leads to the greatest happiness of the greatest number.

    By right and proper interest understand

    In the mental frame of man /it is in/ the will is the part to which the seductive force of sinister interest applies itself and operates /operates/: it is to the intellectual part that the several other causes of inaptitude, namely interest©begotten prejudice, inbred intellectual weakness, and authority©begotten prejudice more immediately apply themselves.

    By prejudice, in so far as any clear idea is attached to it, is understood prepossession operating /acting/ in a sinister direction © in a direction opposite to the only right and proper direction /opinion so often mentioned/: by prepossession judgment already formed in relation to the matter in question whatever it be.