[036-158v]

1821 Nov. 26

Codification Proposal

'.5 Draughtsman single

Codification in so far as comprehensive will exclude some of these evils, nullify the bad effects of the sinister interest: still however more or less opportunity of obtaining its ends will remain

One sinister interest there is which is common to all countries, and which can scarce fail to have place and operation and more or less influence in a body of this sort /thus circumstanced/ This is the interest of the lawyer class as such

On this occasion in speaking of the lawyer class it will be necessary to speak of them /consider them/ /can not be otherwise spoken of than/ as constituting one and the same /compact/ body having in all points one common interest, and that as will be seen a sinister one. Such in every country which a proposal such as this can look for acceptance is as yet the case: no man being a Judge who has not been an Advocate. In the hitherto existing state of the law this connection has been unavoidable: it is not in itself a necessary one. It will not be so in any country in which an all comprehensive and rationalized body of law executed as it is capable of being /might be/ is[?] constituted Of the direction /course/ in and of the force with which this sinister interest acts some intimation must be given, or the proof of the inaptitude of the ordinary authorities with reference to a work such as that in question would rest very incompleat would want much of the force which the nature of the case has given to it.

It is the interest of the greatest number that the state /purport/ of the law being as highly contributory as possible to the happiness of the greatest number the decision of the Judge should in each instance be as closely conformable as possible to the direction given by the text of the law, that so the power of the Judge be in as small a degree arbitrary as possible: that so the power possessed by the Judge of giving to each suit a result different from that intended by the legislature be as small as possible. in a word that the aggregate quantity of misdecision and undue refusal of decision be as small as possible It is the interest of the Judge that the power he has in his hands be as arbitrary as possible: that the fate of the suit /each cause/ be as compleatly dependent upon his particular will as possible. In a word it is the interest of the Judge that the aggregate amount of indecision and undue decision on his part at the suggestion of /in conformity/a sinister interest or prejudice of his own be as great as possible.

As this is the interest of the Judge as such that the fate of each cause or suit be as compleatly dependent upon his particular will as possible, so is /the like is/ it the interest of the lawyer of every other class

But in case of collision it is only by accident that the lawyer of any other denomination can cause his will to have effect in contrariety /opposition/ to that of the Judge.