[lxxxiv. 48]

1821 Decr. 14

Codification Proposal

20

Appendix

Lawyers interest

Law ”[...?]• here [...?...?...?], under another head

That wrongs may be as rare as possible, and to that end, that well grounded demands for redress of wrongs make [?] have effect and to that end be made in as great abundance as possible, what the interest of the greatest number requires that the knowledge possessed of that rule of action in which all such demands have their ground be as universal, as particular and as constant and as particular /detailed/ as possible

For this purpose what it requires is 1. that for the designation of the rights by the infraction of which the several wrongs in question are done /committed/ be designated in as plain /clear, correct, and comprehensive/ a manner as possible, and that knowledge /information/ of them [?] t all times at which either he who has right has need of being informed of it for the purpose of reaping the benefit meant to be conferred by it, or he who for want of being informed /[...?]/ of it might be apt to infringe it, information /the conception/ of it may at all times be present

To be /Before it can be/ made known, a portion of discourse destined to serve as a rule of action must in the first place © have existence

To the purpose of its being the rule of action designated in as plain a manner as possible what this same interest requires is that it be constituted by a certain visible body of discourse conveyed throughout by a determinate assemblage of words: of words such as throughout shall be /are/ the same to every eye: and that this be the discourse of a determinate person or assemblage of persons who are universally recognized as having power to make law, and who are accordingly in the habit of offering discourses as are designed to be universally received and are accordingly in the habit of being received as law: not the discourse of any person or set of persons who do not so much as pretend to have any power to make law: in a word that it be in the form of the only really existing sort of law, called Statute Law, and not in the form of that unreal, purely imaginary, fictitious, spurious and mendacious substitute for law, which is made by persons not so much as pretending to have power to make law, counterfeit law made by Judges as such, made by Judges on pretence of declaring what is law, knowing all the while that what they thus utter as law is not law, is no more law than a piece of base metal uttered by a coin of false [...?], is a piece of lawful money, uttered from the national mint.