8 April 1805

Evidence

Securities

Ch. Procedure Technical

''.2 Ruling Interests

Had the interest of the organizer of the technical system the source of law, coincided exactly with that of the members of the political community /family/ in the character of suitors, if - or without selling and stopping to look for any such exact and mathematical coincidence, had it agreed with that degree of agreement /exactness/ with which that of the head of a domestic family agrees with that of the whole family taken in the aggregate, in either case the technical system actually established would have been as /no less/ conformable and conducive to the ends of justice than the natural: or rather there would have been no such technical system at all established /no such system as the technical would ever have been established. /have come into existence./. The system established would have been the domestic system: with only such enlargements and additions, as were obvious to common sense, being indicated and [...?] and indicated by the encreased largeness of the scale. In a word it would have been what as will be seen further on the summary actually is, drawn out only into length and extended in each particular instance to the measure /extent/ indicated in that instance by such of the natural and necessary causes of complication and delay as happened to attach upon that case. +

Unfortunately the interest of the men of law is rarely coincident with, and in many points directly opposite to the interests of the suitors, and consequently to the interests of justice. By the natural system of procedure the interests of the suitors would have indeed been promoted /provided for/, and that most preferably: but his own interest but imperfectly: imperfectly indeed in comparison with that degree of perfection in which they are provided for at present: and to this [...?], and disagreement the suitor is indebted, as will be seen, for in this infinitely [...?] differences [...?] the technical is distinguished from the natural system of procedure

+ See Ch. [...?]