12 June 1807

(15) (4)

Letter V

II. Litigation

As to certainty and uncertainty in each instance the real certainty or uncertainty respecting the issue of the suit is what it is. But it is by the apparent certainty or uncertainty, that the conduct of the suitor, in the situation of plaintiff or in that of defendant, is determined. Real certinaty can be only on one side. But apparent certainty, may be, and too often is, on both sides at once. For producing these opposite appearances, one of which may in each instance be false and deceptitious nothing is wanting that could be done by Judge and C o /the partnership/[?]

In regard to this point the ingenuity of the artist sees itself powerfully assisted by divers principles of human nature.

1. One is the general propensity in man to set an over value on any object presented to him by his hopes: or in the word of Adam Smith the overweaning confidence that in general a man is apt to have in his own fortune.

2. Another is the aid which the love of money is wont in all cases of contention, and especially as this vexatious shape, is wont to occasion from the enmity so apt to be excited in the course of it. A new object is started, viz. the pleasure of revenge. In point of pecuniary advantage the utmost that could be expected from the suit - from success on the plaintiffs side or even on the defendant's would not perhaps be worth the purchase viz. the vexation and the expence. But what is wanting to render the bargain a good one in appearance is supplied by - the gratification expected for the appetite/ the pleasure of revenge/[?]. The suit that a man would not engage in to gain £10, he will perhaps be contented to engage in for the chance of subjecting the adversary to a burthen of expence a little greater, or even less when the smallness of the absolute amount of the expence is made up for[?] the magnitude of its relative amount, relation being had to the pecuniary ability of the adversary on whom it is to be imposed.