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[lxxxiv. 66]
1821 Decr 16
Codification Proposal
20
Appendix
Lawyer's interest
To this same purpose that which Lawyers interest further requires, is, that so far as shall be consistent with a general opinion in affirmance of the aptitude of Judges, moral and intellectual together, not only the language employed by them should be as inapposite as possible, but the decisions pronounced by them should be as repugnant to the interest of the greatest number in respect of justice /as possible to common sense/. As The whole texture of the spurious kind of law in question being /consisting /consists/ of/ a series of inferences pretended to be drawn from the consideration of what decision may on each occasion be most contributory to the greatest happiness of the greatest, the consequence is © that the greater the degree in which they have actually been contributory to that end, the easier would it be for the subject citizen to reach them by conjectures founded /grounded/ on that supposition: and thus by forming a right anticipation of the eventually future decision in his case regulate his conduct accordingly, and give effect to his just rights or save himself from the burthen of undue obligations as the case may be. But the better©grounded and safer all such anticipation were by experience found to be, not only in case of litigation the less frequently would the burthens fall on him who has justice on his side, but the less need would there be for the subject©citizen to resort to the professional lawyer for the anticipations belonging to the case, instead of framing them himself: whereas suppose it universally established that by no such process has a man any chance of framing a right anticipation, the consequence is that on every occasion on which a suit at law may eventually be necessary, every man who has wherewithal to purchase the advice of a professional adviser will purchase it accordingly.
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Title: [[lxxxiv. 63] 1821 Decr 17 Codification]Description: [lxxxiv. 63] 1821 Decr 17 Codification Proposal Appendix Lawyer's interest II. As to right decision and misdecision In regard to the course taken by the decisions pronounced by Judge, the interest of the greatest number requires that so far as the field of judication has a [...?] of Statute law, and in its general tenor [?] /prospect/ tendency/ the Statute law is contributory to the greatest happiness of the greatest number, the maximum of execution and effect be given to it: in so far as the tendency /it/ is detrimental to the greatest happiness of the greatest number and the tendency of /course taken by/ judicial decision /is/ contributory in so far as depends upon its effect on /in [?]/ the individual course in question contributory /conducive/ to that and thereby adverse to the prescriptions of the law conformity or disconformity on the part of the judicial decision with relation to the expression and volition of the law /legislator/
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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: [[lxxxiv. 67] 1821 Decr 16 Codification]Description: [lxxxiv. 67] 1821 Decr 16 Codification Proposal 20 Appendix Lawyers interest Suppose the existence of an appositely framed all©comprehensive body of law with its rationale, no man would see any use in applying to a professional lawyer for advice as to the question of law: every thing that belongs to the subject would be /lie/ as perfectly within the reach of any one man /the non©lawyer/ as of any other /the lawyer/: in this subject as in any other a man of weak judgment might have /feel the/ need of assistance from a man of stronger judgment: but in search of one, instead of a paid lawyer he would apply to an unpaid friend To this same purpose /above purposes/ what is required by lawyers interest is © that which, in respect of justice it is as repugnant /detrimental/ as possible to the interest of the greatest number the state of the law should by them be regarded as being as highly contributory to that same end as possible: the state of the law and the disposition and practice /conduct/ of those employed in the act /practice/ or pretence of giving due execution and whose, duty it is to give due execution and effect to it lest in proportion as a contrary opinion prevailed, endeavours should be and to [...?] render the law more apt to its professed end, and to diminish the sacrifice made by lawyers of the universal to their own particular and sinister interest. In regard to the state of the law in respect of appropriate aptitude and the state of mind the disposition and conduct of lawyers of the class of men employed in the practice or pretence of giving due execution and effect to it, © what the interest of the greatest number requires is © that the conception entertained should be as clear, as correct, as comprehensive and these clear correct and comprehensive conceptions as exclusively entertained as possible: that thus in so far as the law itself fails /is deficient/ in respect of appropriate apptitude, and the conduct of these functionaries there belonging to it fails is deficient in respect of moral aptitude, the endeavour to supply the deficiency may be as extensive, as strenuous and as persevering as possible.)
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