[lxxxiv. 66]

1821 Decr 16

Codification Proposal

20

Appendix

Lawyer's interest

To this same purpose that which Lawyers interest further requires, is, that so far as shall be consistent with a general opinion in affirmance of the aptitude of Judges, moral and intellectual together, not only the language employed by them should be as inapposite as possible, but the decisions pronounced by them should be as repugnant to the interest of the greatest number in respect of justice /as possible to common sense/. As The whole texture of the spurious kind of law in question being /consisting /consists/ of/ a series of inferences pretended to be drawn from the consideration of what decision may on each occasion be most contributory to the greatest happiness of the greatest, the consequence is © that the greater the degree in which they have actually been contributory to that end, the easier would it be for the subject citizen to reach them by conjectures founded /grounded/ on that supposition: and thus by forming a right anticipation of the eventually future decision in his case regulate his conduct accordingly, and give effect to his just rights or save himself from the burthen of undue obligations as the case may be. But the better©grounded and safer all such anticipation were by experience found to be, not only in case of litigation the less frequently would the burthens fall on him who has justice on his side, but the less need would there be for the subject©citizen to resort to the professional lawyer for the anticipations belonging to the case, instead of framing them himself: whereas suppose it universally established that by no such process has a man any chance of framing a right anticipation, the consequence is that on every occasion on which a suit at law may eventually be necessary, every man who has wherewithal to purchase the advice of a professional adviser will purchase it accordingly.