29 July 1805

Evidence

Introd

Ch. II. Vices

To apply to this head of uncertainty the parable of the two opposite fountains. Opposite to each of these two fountains of (misimportation) mis-construction, the fountain of restriction and the fountain of ampliation stands the fountain of reason and utility. Moreover under each judicial robe, in each judicial person, are contained two natures, the nature of the lawyers, and the nature of the man. Is it convenient or agreeable that the decision should be according to justice? It is drawn by the man from the fountain of reason and utility. Is it more convenient or agreeable that it should be contrary to justice? It is drawn by the lawyer from the fountain of restriction, or from the fountain of restriction as the nature of the case may require.