date

[...?] Apr 1808 Ch. | | Competition
[...?] Apr 1808

Ch. | | Competition

Ch. /Of the principle of competition/ Competition as applied /are applicable/ to plans[?] of legislation in the present end

I have spoken, my Lord, of the principle of competition, and of the ideas that had presented themselves in the view of giving, to the branch of public given laws in question, and to the best advantage, the benefit of this principle.

On the case in which my view /conception/ of the matter benefit may to /in/ a very considerable degree be on good /[...?]/ grounds be expected from the influence of this principle, light may /the same [...?...?]/ in my view of the matter be thrown by the comparison /[...?] it comparison/ with a case in which no equal benefit if any can on any /no but expectation/ substantial ground be expected /built/. The case in which its influence promises to be powerful and /as well as/ salutary is the case actually in hand - the case where a flow of legislation is to be devised, and the object is to allow[?] the best[?] that is at once good and practicable.

The case in which its influence presents not to any [...?] any such promise, is at least to an amount comparable with that promised in the former case, is that of judicature: a supposed competition between his judicatures having jurisdiction over the same class of causes.

Experience /does not/ presents not any considerable benefit /in the practice/ as [...?] from any competition broken judicatory and judicatory on the grounds of judicature.

/In the/ [...?] does present a very considerable benefit as resulting from a competition between projector and profiter[?], if the term denomination[?] may be endured, on the grounds of legislation: /Such are the propositions which in the present Chapter I propose to submitt to Your Lordship's notice. And in this very [...?]./ the constitution of human nature as evidenced by the benefit already reaped on this very decision I behold a promise of more.
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  • Title: [15 Apr 1808 Ch. | | Competition]
    Description: 15 Apr 1808

    Ch. | | Competition

    '. 2 predication[?]

    '.2. Competition is not applicable with adversity[?] to judicatures.

    1. First then as to judicature. That from the principle of competition as applied to this branch of the public service has received benefit, and that to a very considerable amount is among the notions which in this country has I believe obtained a pretty general currency among thinking men. The supposed excellence of the system of procedure - the supposed [...?] of the conduct of the judge under that system has /have/ been spoken of as referable in a considerable degree to the influence of that cause.

    From what source of instruction this notion has been derived - if from any institutional book /work/ from what book /work/ - Blackstone's for example, or [...?], or Adam Smith's, I stay not to enquire. What is of more importance is its agreement with experience general and special included.

    If I mistake not in the present occasion this notion received some countenance from Your Lordship's authority /Lordship/. Competition with the benefit /beneficial influence supposed to be/ attached to it was among the results /good effects/ [...?] of as [...?] to result /flow/ from the proposed division of the Court.

    Generally received notions are the stock which Statesmen have to work with. The lathe of [...?] and invention is[?] left to inferior hands /as closed speculators/.

    By whosoever the notion was first broached, those of whom /a disposition to give currency/ it might reasonably be expected that they should be ready to take it up and give [...?] to it, are not /far to [...?]/ difficult to find.
  • Title: [31 Jan y 1808 On L d Eldon's Bill]
    Description: 31 Jan y 1808

    On L d Eldon's Bill

    [...?...?] of competition in legislation

    A word or two more, will your Lordship have, on the subject of competition. Applied to judicature, at least under /under the influence of/ the fee-gathering system, my conceptions of its efficiency /the efficiency of this principle/ were as already intimated, not quite so sanguine as Your Lordship /those of your Lordship seemed to be/.

    Applied /Apply it/ to legislation, under a under a constitution such as our own I could with much less reserve have subscribed to the commendations that have been bestowed upon it.

    Your Lordship [...?] will not, I believe, have observed /discovered/ any considerable symptoms of partiality on favour of the plea brought forward on the other side of the House. The impossibility /That it is/ of its removing altogether the imperfections /abuse of [...?]/ which it undertakes to remove is in my view as already observed, matter of demonstration. But that the effect of it must /will/ be to effect a /produce a partial/ removal of them in part seems equally undeniable: and that part is jut so much more [...?] that part of Your Lordship's learned Reformers pan which prevails over the same ground had any tendency to remove.

    Be it more or less, the benefit derivable from the plan it is to Your Lordship's account that I set it down / down the whole of it. But for Your Lordship, that repose the regard for which is /has/ in the estimate /[...?]/ of the Right Honourable and learned author of the improvement been confessed to be or rather declared to be so much superior to all other considerations, would never have experienced any such disturbance.
  • Title: [[...?] Apr 1808 Letter V Ch]
    Description: [...?] Apr 1808

    Letter V

    Ch. | | Competition

    ' Proposed [...?] degree & [...?]

    ' Ulterior competitions proposed.

    Such are the competitions that in the field in question appear to have already manifested themselves /taken place/: such the good /benefit/ which, in my honourable view of the matter has resulted from them.

    For what purpose is it that they are here brought to view? that from the good effects already produced by this[?] principle an anticipation may be formed of the further good effects that may be expected from such ulterior applications as the [...?] of the case admitts of.

    Two /Three/ have presented themselves in this view -

    1. Competition as between the Court of Session and the intended Commissioners.

    2. Competition as between Commissioners[?] and Commissioners[?].

    3. Competition as between Commissioners and Volunteers.