14 August 1804

Procedure

Evils causes

False Ends

Lawyers' interest

'2 Points common

2. ------ of justice by wrongful decision

2. Injustice by /in the shape of/ wrongful decision, in so far as it is apparent - as the wrongfulness of the decision is apparent: and thence the nullity of wrongful decision /of injustice/ in so far as the nullity gives /it is the effect of the nullity to give/ birth to the appearance.

Confirming his view to the decision itself, together with its consequences to the parties and the public /the public included/ the justice or injustice of it will to the separate interest of the man of law be a matter of utter indifference. To discover how it affects that interest /that interest is affected/, we must look at the same time to its collateral consequences to himself and its causes.

A distinction must here be made /on this occasion/ /for this purpose/ between the official lawyer and the professional: send away official lawyers between the judge and his subordinate officials, executive and recordative.

The object in which a judge as such has /a personal/ an interest is - not justice, but the reputation of justice. The distinction not as it may appear, is not in itself, and most important in its consequences. Be the injustice of his decisions ever so flagrant - ever so constant, let them not be looked upon as unjust let the injustice of them not be imputed to him, as having blame on his part for its cause, to him, in respect of his personal interest, it will be a matter of indifference. Be his decisions ever so exactly conformable to the dictates of justice let them be looked upon as generally or even frequently unjust, and the injustice as having blame on his part for its cause, his reputation will in proportion suffer, and according to the regard paid by the sovereign in the state in question to the course of justice, his security as against punishment for malversation in his office. As to his reputation, the degree of actual injustice by which his conduct is marked being given, his reputation will be more or less apt to be a---ed by it, according to the degree of publicity given to the proceedings of his court and the ------- that is the intelligence and public ------ of the public before which he acts.