[lxxxiv. 9]

1821 Nov. 24.

Codification Proposal

10

?.5. Draughtsman Single

/Appendix/

Lawyers have double sinister interest: 1 as Lawyers, 2 as members of the Aristocracy; connected with the others.

One sinister interest there is, which is common to all countries and sure to have place in a body of this sort. This is the interest of the Lawyer class. It is their interest that the number of suits be as great as possible: it is their interest that the expensiveness of each suit be as great as possible. It is their interest that their influence in the event of each suit be as great as possible. That the number of suits may be as great as possible it is their interest that the purport of the law taken © the whole together be as little known as possible: that, to this end, over the greatest portion possible of the fields of law & judicial decision, no real law shall have place: and that the place of it be in each man's mind be supplied by an Article of imaginary law, composed of a conjecture, what, in case of litigation, the decision of the Judge will be: the Judge being, by the non©existence of real law, left at liberty to feign the existence of an imaginary law, framed by him on each occasion: feigned by him for the purpose of affording a warrant, for whatever decision happens to be best©suited to his purpose. It is their interest, that to this same end what patches there are of real law stuck upon the all©comprehensive ground of imaginary law may separately taken be expressed in words and phrases, as obscure and ambiguous as possible and in the whole together in masses as enlarged and confused [?] as possible.

To the same end it is their interest that the terms in which expression is given to that portion of the rule of action which is in the state of imaginary law, and thence to that which is in the state of real law should in as large a proportion as possible be either word of their own fabricating to which no idea can be annexed by those whose lot they dispose of, or of words in common use to which in their discourses they attach a meaning different from that which is attached to them in common use: in such sort that whoso attaches to them the meaning in common use and conducts himself accordingly, may fall into the snare /be deceived/, and be involved in litigation