date

30 May 1807 Letter V II. Proper
30 May 1807

Letter V

II. Proper Remedies

To be the more thoroughly satisfied of the truth of this genealogy that, except in the cases above excepted, the malâ fide suitor owes his birth to the law partnership we have but to observe the advantage they draw from giving him into existence and the means they make use of for that purpose.

The profit derivable from this branch of wayward industry encreasing cateris paribus with the multitude of suits, and with the expensiveness and thence with the dilatoriness and vexatiousness of each suit to the parties, hence that industry set before itself of course two main objects: 1. hence one main object of that industry came to be so to order matters as that the number of suits (being profit-yielding suits should be as great as possible: 2. and that in each suit the expence - viz. the profit yielding part and thence in general the whole of that expence - may be as great as possible.

Both these objects were provided for by rendering the number of malâ fide suitors and thence of suits as great as possible.

The former object manifestly. To the number of suits in which each party believes himself to be in the right, are added the number of those in each of which there is one party who being conscious of being in the wrong would not engage in the suit, being certain of being upon the whole a sufferer by it, were it not for some preponderant advantage which he sees held out to him by the Judge, or what to the malâ fide suitor is the same thing, by the state of the law, the work of former Judges, or legislators acting under the guidance of Judges or other lawyers.

The other object, no less manifestly. - The n o of suits, each yielding a profit, being given, the aggregate mass of the profit extracted from the whole number will be the greater, the greater the quantity of profit-yielding expence arising out of each or any such suit.
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  • Title: [10 April 1805 Evidence Securities]
    Description: 10 April 1805

    Evidence

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    9.1. A malâ fide demand makes a suit as much as a bonâ fide demand: therefore, it is the interest of the men of law requires that the number of malâ fide suits /demands/ be made as great as possible. Third object of technical procedure - to encrease /render/ the number of mala fide demands. of mala fide suits being such on the part of the demandant /plaintiff/ as great as possible.

    10.2. A mala fide defence continues a suit as much as a bonâ fide defence: therefore it is the interest of the man of law requires that the number of mala fide defences be made as great as possible. Fourth object of technical procedure - to render /encrease/ the number of malâ fide defences - of malâ fide suits being such on the part of the defendant, as great as possible.

    11.3. The quantity of profit extractable, in a given space of time, from the aggregate number of suits, being given, it is the interest of the man of law that the number of suits carried on within that time should be as small as possible: since whatever labour is not attended with profit, is needless. Fifth object of technical procedure, to render as small as possible the number of suits carried on by those whose capacity of expence affords no profit, or inferior profit as small as possible: in other words to exclude as much as possible the poorer classes, that is the great majority of the people, from the benefit of justice: - to place the great body of the people in a state of perpetual outlawry. N.B. This effect takes place in a considerable degree, without the necessity of any exertions directed to this special purpose /specially directed to this purpose. The greater the quantity /quantum/ of expense created, the less the number of those whose circumstances enable them to support it.
  • Title: [12 April 1805 Evidence Securities]
    Description: 12 April 1805

    Evidence

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    Every suit that takes place is with reference to each of the parties either a bonâ fide suit, or a malâ fide suit. The uncertainty of the law is the instrument by which bonâ fide suits are brought into existence /The source of bonâ fide suits, is hath just been seen, in the unnotoriety source of bona fide suits/. To the existence of Mala fide suits on the other hand the notoriety of the law, as to certain points of it is requisite: - as to certain parts of it: viz: as to /in respect of/ those arrangements from /in/ which the suitor who is not only in the wrong but himself compleatly fully /compleatly/ conscious of his being so, may behold a certainty of success.

    Every suit that takes place is either a bon fide suit, or a malâ fide suit: and that with reference to each one of the parties /the party or parties on each side/. Under /To/ which of the two predicaments /descriptions/ the rest comes, /belongs, so as it do but exist,/ is in every instance a matter of compleat indifference to the man of law. The circumstance to which the distinction in this case owes its inheritance is - that different causes as will be seen are required for the production of the two effects. That in the causes requisite for the production /by which the production/ of these two effects is promoted, there is a considerable difference. Mean time

    1. A bonâ fide demand at any rate commences and pro tanto constitutes a suit: therefore it is the interest of the man of law requires that the number of bonâ fide demands be made as great as possible. First object of the technical system - to render the number of bonâ fide demands of bonâ fide suits being such on the part of the plaintiff or demandant - as great as possible.

    2. To the continuance of a suit, a defence is for the most part as necessary as a demand and the continuance of the demand. Second object of the technical system - to render the number of bonâ fide defences as great as possible.
  • 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.