JB_094_315.xml

Title: [15 Apr. 1808 Ch. | | Competition]

Description: 15 Apr. 1808

Ch. | | Competition

As to competition, if by competition be meant quarrel /contraction/, scramble for fun, that times have been during which competition of this sort has been carried out, and with no small degree of energy /[...?]/, is manifest enough. Of the history of it particulars are to be found, seen[?] for the purpose of explanation they could not be found, in all institutional books, that of the [...?] - general not excepted, and even in all books of practice.

If the coin in which the biddings were made, had been so many contributions made to /clear advance made towards/ the ends of justice, so many mites though they had been but mites, thrown into the treasury of justice, [...?] ended would have been competition and that beneficial one[?].

But the contributions were of no such nature, had no such object.

The only case in which a competition of any sort can with [...?] be said to have had place, is that of the scramble among the /those/ Common Law Courts. Between the Common Law Courts on the one part and the Equity on the other, there was indeed quarrel in abundance; but competition none.

/As to the three Common Law Courts/ The case in which those respective biddings were made was - so to speak - the liberty of the subject:- meaning the personal liberty, the sort of liberty which is taken away by imprisonment. Of their own profits they never were /have been/ disposed to give up, never willingly, if at all, have given up, a single [...?]. The liberty of the subject they have never been backward to sell to any one who would pay the [...?] for it.

Under the original constitution /constructed[?] on the principles of the feudal constitution in which defence /national security/ as against [...?] /advances/ from without was provided for at the expence of individual security as against [...?] enemy/ the power of Judges had not received a degree of amplitude altogether adequate to /commensurate with/ the exigences /ends/ of justice. This deficiency Judges at a very early period took advantage, supplying it in part by arrangements directed ultimately and principally to their personal and sinister ends.

JB_094_312.xml

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

Description: [...?] 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.

104_027.xml

Title: [1820 Feb. 20 Fallacies Preface or]

Description: 1820 Feb. 20

Fallacies Preface or Introduction

3

Vulgar Errors

As to the collection of notions here submitted /presented/ to the reader under the appellation of fallacies, to determine /consider and examine/ in relation to each of them whether a correspondent vulgar error be to be found to have place might to some minds perhaps afford more or less amusement, /in other words whether a man is sincere or insincere in the propagation of it, whether on the occasion in which he gives currency to it he is or is not aware of its deceptious property or tendency/ but in many instances would not be a work /an operation/ of much faculty[?], nor does it seem easy to say in what instances it affords a pretense[?] of any very considerable use: be the instance of one man that tendency will be perceived by him, in the instance of another not: even in the instance of the same man it will /may/ at one time be perceived, at another not. Few /Small in the number of its deceptious property or tendency/ indeed are the men[?], to whom the distinction, though their own minds are the seat of it would be /is/ very decidely perceived for[?] are they among whose habits is numbered that ma[...?]ing any such nice scrutiny into the interior of their own minds: to the notion true or false the more thoroughly impregnated a /the/ man himself is the better he is qualified for communicating it to others. As to any practical use in the enquiry nothing in that way here presents itself, the notion being /let the notion be/ supposed /suppose the notion/ at the [...?] errorenous in its nature and pernicious in its tendency, the one thing needful is to cause[?] it to cause it to be seem to be possesed of these[?] properties, to be seen and understood to be what it is on the part /in the instance/ of this or that individual /it an article of information/ whether the deceptious tendency be or be not percieved, may to this or that other individual who has to deal with him be of more or less use But it is only in so far as it may be found applicable

to whole ranks of persons that it can in a work of a general nature such as the present, any application can be found for it; [...?]