7 Dec r 1807

Scotch Reform 11

6

Letter V

Litigation promoted

§.2. General Directions

5. Between the production of wrongs, and the production of suits the connection being thus intimate, and in a practical view inseparably connected, it will scarcely be worth your while to trouble yourself with the distinction. In regard to articles of this sort the course you have to take is the plain straight forward one: which is to give them whatsoever encouragement is in your power, with no other attention than that of giving the preference to the sort called civil ones. Multiplying wrongs, you increase the quantity of the seed: multiplying suits, so they be of the productive sort, you increase the harvest.

6. Thus Your system of management has two main branches:

1. the manufacture of wrongs and suits: 2. turning to the best account each suit so made.

7. With a view to both branches, as being applicable to both branches, one general instruction may be of use to you: which is - never lose sight of the ends of justice. These ends cannot in the avoidance, prevention or cure of so many opposite and corresponding evils: and in particular the evils of factitious delay, vexation and expence in which latter your own profit is excluded. Between these evils so intimate is the connection, that there is scarce one of them that you can produce, without producing, if not a certainty, a chance not to be despised, of that which in the shape of profit comes into your pocket: so that in this case, without troubling your head with niceties, the plain and straight forward rule for you to pursue is - to lose no convenient opportunity of giving rise or increase to any of these evils.
Similar Items
  • Title: [7 Dec r 1807 Scotch Reform 9]
    Description: 7 Dec r 1807

    Scotch Reform 9

    4

    Letter V

    Ch.4. Litigation promoted

    §.2. General Directions

    Objects[?] of attention to Suits & Wrongs[?]

    As your profit arises[?] out of suits, your attention will naturally be directed to the rendering them as necessary[?] as possible. But on the day justice or[?] then would be a work of labour, [...?] upon your case, another object [...?...?] will be to make the labour as light as possible.

    1. In regard to litigation, or as some say suits, in your trade, as in that of a taylor a man's wish and study will naturally be, to make as many of them as possible: but in your trade the pursuit of this main object will require to be narrowed by particular limitations.

    2. A suit being worth nothing to you but in respect to the profit that it brings, and if it brings no profit, worth less than nothing, being so much labour bestowed by you in waste, at the expence of your own case. So far as litigation is concerned, three points call at the same time for your attention: 1. of profit-yielding suits to make as many as you can, 2. from each such suit to make as much profit as you can, 3. to keep your hands as clear as you can of unprofitable ones.

    3. In like manner, in regard to wrongs, your wish and study will as naturally be - that they may be in the greatest plenty as possible: and this not only because wrongs in general are the causes of suits, and almost only causes, because if there were no wrongs there would be no suits, but because in many cases and to a great extent, as you will see presently, it is only by means of a suit, that is with your assistance, that the wrong can be committed: and, while your profit is the same in both cases, whether the wrong be the cause or the effect of the suit is a question of metaphysics - an idle speculative question, altogether beneath your notice.
  • Title: [30 Dec r 1806 Omissa 3. Pleading]
    Description: 30 Dec r 1806

    Omissa

    3. Pleading

    Codification

    By this indirect and awkward mode of going to work /working/ will /can/ it be supposed that there can be in the article of necessary skill and talent, any more than in any other shape will /can/ it be supposed there is any survey to be made by the taking of this indirect and awkward course /by-path/ in preference to the plain and straight-forward course /broad and straight high-road? //road?/
  • Title: [12 June 1807 12 19 Letter V]
    Description: 12 June 1807

    12 19

    Letter V

    II. Litigation

    47

    III. Expence: IV Vexation:- contrivances employed by Judge and C o for the promotion of these evils, in the character of instruments applicable to the promotion of wrongs and litigation.

    In the system of procedure, factitious expence and factitious vexation are the natural concomitants or immediate results of factitious complication. But between factitious complication and factitious delay the connection is so intimate, that it is seldom that either can be produced without promoting at least, if not producing, the existence of the other. In the list of causes of factitious delay may therefore be seen a list, if not altogether, at least nearly, as simple, of the causes of factitious complication, vexation and expence. Concerning the nature of the connection between delay and complication see Table I. Explanatory Notes.