23 April 1805
Evidence
Ch Providence[?] [...?]
Four causes psychological causes must have assisted in the production of the imperfections which we shall have to witness /that are about to pass under our review/: artifice, indolence, prejudice, imbecility. To determine in what proportion they have respectively contributed to the production of each part of the work in which these perfections manifest themselves, will be extremely difficult /be impracticable as most say not to say impossible/ to determine: in what proportions they have contributed in the instance of each workman plainly impossible /will be impracticable in almost all cases./
[...?...?] and there are instances, seeing an arrangement pregnant /full of/ with mischief and absurdity, you see at the same time this or that individual as concerned in giving birth to it, and moreover into the protest of that same individual in [...?] profit flowing from it - There, without which danger of injustice you may refer the arrangement with its mischief to the influence exercised by sinister interest in the bosom of that individual - to in a word to [...?] on his part of a yield. to the influence of sinister interest be impropriety as to the imminent cause. In other instances where no such evidence of that action of sinister interest presents itself, it is to imbecility - to the perfective state of the mans understanding that the mischief is to be ascribed.
In a case like this the question between probity and intelligence - between the state of the volitional facility and that of the intellectual is but the question between the remote cause and the immediate. Of the radical corruption of the system of its repugnancy to every end of justice. In the production of whatever /what/ is amiss in the system, of every feature[?] of the system - which is almost as much as to say the whole of it, improbiety and imbecility (of obsequiousness to sinister interest is improbiety) improbiety and imbecility have all along contributed in proportion of instances /frequently/ indistinguishable. Improbiety and imbecility. The qualities are in themselves distinct: but whence came the imbecility? from the improbiety: from the influence of the sinister interest. What is the result? That sinister interest has operated partly by its own immediate agency, partly through the medium of imbecility to which it has given birth.
12 April 1805
Evidence
Introd.
Judge
Such are the objects which interest, professional interest, sinister interest, seconded by full power - full power - would naturally prompt men to pursue in the construction of a system of procedure. Such are the objects which, it will be seen but too plainly, have actually been pursued uniformly pursued, and every where in the construction of the technical system of procedure.
Such at any rate are the results which have taken place, in proportion as the technical system has been rendered what it is in proportion as it deviated from the natural the domestic system that standard of perfection of the utility of which had been manifested the constructors of the technical in common with the rest of mankind, by inherent experience. In what way the several results have flowed from the several leading arrangements which from the character of the system will be seen as we advance.
From the existence of a state of things, in a certain degree, in the character of a result /an effect/, it follows not by any means that in the same degree it must have been an object and end of action, in the eyes of those by whose agency it was produced /brought into existence/. But in what degree the result was also /had also been/ an object - i.e. in what degree with relation to the description /[...?]/ of persons in question it was an object of design or at least of contemplation, in what degree a matter of mere accident, is a question /point/ of no practical importance and altogether beyond the reach of scrutiny, and happily as immaterial as it is inscrutable.
12 April 1805
Evidence
Securities
Procedure Technical
One thing to be considered /consideration to be attended to/ in this view, is - that in this, as in other cases, the less the demand for design - the less the necessity of design to the production of the result, the less conclusive is the evidence by which the existence of the design is indicated by the existence of the result. +
For /In/ the production of the leading arrangements - the broad /large/ and characteristic features or feature of the system - such as the exclusion of the parties from the presence of the Judge &c. - and the substitution of the written tract of knowledge to the oral comments and confessions of parties - it can scarcely have happened, that design should have been without a leading share. But these essential points secured, the main end would scarcely be but served by the deepest design, than by accident imbecility and negligence.
Creation thus /once/ accounted for and explained, preservation presents no /not the slightest/ difficulty: in the psychological water[?] /world/, the power of the [...?] inertia is not less mighty than in physical /the than the physical/. Whatever works, under the span of sinister interest, design aided by imbecillity, have been able To erect "set up" habit and prejudice, with the support of the same ever watchful /all-powerful/ interest, care never faced any difficulty in keeping up in fact.
+ question[?] of design and imbecillity produced the result, design and prejudice have enhanced it.
12 April 1805
Evidence
Securities
Ch. Procedure Technical
''. Conclusion
What then? To counteract throughout the interests - to frustrate the universal wishes of mankind - could such a work thus arduous[?] to the result in any degree of accident was not design deep design /the deepest/ - was not any thing less than the most consummate and constant /preserving/ artifice any thing less than necessary altogether necessary? necessary, on the part of all persons - in all causes and at all times? what was necessary was power: and this was all.
Not it indeed. Power indeed was necessary, power alone has every where been sufficient. Genius, discernment, probity - every useful every commendable /laudable/ endowment - would have been not superfluous only but obstructive. Stupidity, the grossest stupidity, has not only been fully adequate, but in a superior not to any exclusive degree, serviceable conducive. In addition to such intelligence as was necessary to the [.../] and not less [...?] of the sinister objects, and in default /and or in/ of artifice two things and but two things are necessary - ignorance and negligence. Nonsense[?] in proportion as it is gross, thickness obscurity: obscurity in proportion as it is thick, protects fraud against detection and imposes upon the mind of the suitor - that is of men in all his other forms - the sense of his helplessness and dependence. The more compleat /reacts from sense/ /unintelligible/ the nonsense, the more injurious, the more vulnerable, and when backed with irresistible power the more awful as well as [...?], the science.
To cleanse the stable of Progress[?] required heroic, almost superhuman powers: to fill it was matter of no such difficulty, no beast too dull not to be capable of contributing his share.
The foundations of the technical system were laid everywhere in the gloom of general ignorance: when printing was unknown, and when writing the art which embraces all other arts was practiced scarce by any /by few indeed/ but those who in this way or in some other way, abused it. Stupidity, under the guidance /direction/ of interest was sufficient to rear the /for the rearing of/ the fabrik: prejudice the offspring of sinister interest, prejudice with or without its parent, has been, and would for ever be, sufficient for the preservation /upholding/ of it.
22 April 1805
Evidence
Securities
Procedure Technical
'' Conclusion
To suppose the advancement of professional which is as much as to say personal interest to have been on all occasions the solely operating motive listened to in the construction of the legal fabric would be to fall into the error of narrow-system-builder to ascribe too much uniformity to the motives of a species of animal that numbers versatility and inconsistency among its essential attributes /characteristic characters/ like of the paramount authority of self-regarding interest the social affection the love of justice, how much soever weakened can not be regarded as destroyed /eradicated/ out of and in every professional and official bosom.
Thus much however may be worth enquiring /attending to/, and I am apt /inclined/ to think that the result of the enquiry would be in the affirmative - viz: whether supposing the ends of justice totally and uniformly /compleatly disregarded from beginning to end/ and supposing accordingly that in the planning of the system of procedure /management of the business/ the sinister interests ruled without rival, the system could have been less beneficial to the [...?...?...?] people in their quality of suitor, more beneficial to the workmen, than it has actually been made: making allowance /made/ for these minor and accidental variations which arise /are necessarily out the necessary offspring/ of the diversities of place and time.
Continue the subject by a specification or two either in the text or in a quote.
17 April 1805
Evidence
Procedure Technical
Conclusion
Of the burthen with which in the shape of delay, the collateral inconvenience vexation and expense the technical system is every where loaded, the enormity is too palpable to be disputed or disembled: disembled, even by those who by every bond of interest and prejudice are urged down to the defence of it. The current plea is that all this collateral inconvenience is necessary, or at least conducive to the attainment of the main object, the avoidance of misdecision: that the submission to the collateral burthen of the lesser inconvenience is the price necessarily paid, and amply compensated by the exemption by which mankind are liberated from the direct and more intolerable mischief /grievance/: and if not directly asserted, an opinion /a position/ is at any rate intimated, and must for the purpose of the defence /argument/ be introduced /accorded/ , that the quantum of advantage thus obtained rises /encreases/ in proportion to the quantum of the price thus paid
In the course of the present book it will be seen whether the sum of advantage thus supposed to be purchased, and purchased at so high a price, is positive, or equal to, or negative. In the /the future/ /work on/ the rationale of procedure some conception will be endeavoured to be conveyed of the amount of that source /burthen/ of inconvenience by which the mass of inconvenience attached in the shape of delay, vexation and expense to the technical system of procedure exceeds the mass of like nature attached to the natural system of procedure. It will then, nor can it till then, be seen, in any sufficient detail, how enormous the price in which in that shape - men have /are/ everywhere been forced to pay and for nothing, but for much worse. /not for superior but for inferior justice./
12 April 1805
Evidence
Source
Ch Procedure Technical
''. Conclusion
Of the natural system, as above described of the natural system considered with reference to the main end of justice, [...?] of decision - to develop the features of detail will be the business of the present work and of the present book. To contrast with it the corresponding features of the technical system in relation to the same points /end/ will be the following[?] business of the present work and of the present book: for us, os far as the question of fact is concerned right decision as far as human frailty permits is the natural fruit of a rational arrangement /set of arrangements/ /system/ in relation to the law of evidence, so on the other hand is mis-decision the natural result of an irrational one.
To exhibit /delineate/ a view of the natural system in any ulterior point of view - to delineate /represent/ /exhibit/ it in its application to the collateral ends of justice - avoidance of delay, vexation, and expense does not fall within the design either of the present book or of the present work, any further than for the full /compleat/ exhibition of it in the main point of view, the partial exhibition of it on that collateral point of view may occasionally be necessary.
To exhibit the technical system professedly on this collateral point of view will for the same reason be beside the purpose of the present work as well s the present book: at the same time so intimately blended are the several objects corresponding to the several ends of justice, that an occasional reference to the topics of delay, vexation and expense, and with it a partial delineation /exhibition/ of the way in which these inconveniences have been produced by /grown out of/ the technical system will every now and then be inevitable. To interest the topic of exclusion. To the promotion of misdecision exclusion of evidence, it will be shewn [...?] not in any case be conductive: but with relation to the promotion of a preponderant measure of delay, vexation and expense, it will in many cases be not only conducive, but even elegible upon the whole elegible and even to such a degree as to be unavoidable.
9 June 1805
Evidence
Introd.
Ch. Procedure Natural
Cha. Of the natural system of Procedure.
Recapitulation [and method.]
We have now been seeing that the existing systems of procedure have nowhere had the legislature for their author, have everywhere been the work of the judge - have no where been drawn up [...?] [...?] in a regular plan suggested /dictated/ by a steady and comprehensive view of the ends of justice - have every where been developed inch by inch, as occasion happened to serve.
We have now been seeing in what mode the workman occupied about this work was paid, and in what way he derived from that work a sinister interest, opposite in every point to the interest of those on whose behalf he was employed.
We have seen, that in so far as he [...?] /yielded to/ the sinister injustice given to the hand /mind/ by that sinister interest, or
We have seen in what perfect liberty he was left to follow the bait /in what compleat liberty[?] he was enabled to yield/ of that sinister interest, enabled by the plentitude of the power with which he acted, and the rediness, blessedness /ignorance, [...?]/, and hopelessness of the times in which he [...?] /[...?]/ it.
The enquiry is now nearly ripe for the passing /transition/ from reasoning to matter of fact, from the theory to practice, from the primaeval to the present state of things. It is now nearly ripe for observing whether the crop produced has born or has not born confirmable to the seed; whether from the times which the hand of the unclean spirit has been seen sawing in this field, times have accordingly been produced, as the history course must persuade us or wheat instead of tares.
5 June 1805
Evidence
Introd.
Procedure Natural
The inquiry is now ripe, it may be thought for bringing to view the leading feature say the habitual system at least of the natural system to which the principle of corruption as above explained might have been expected to give birth; call it already for detentions sake, the behavioural system. But first let us /it will be necessary/ to bring to view the correspondent fiction of that very different system (call it the natural system) which [...?] had it not been for the vocation so offered him would have [...?] /produced/ may have produced whensoever his operations have not received disturbance from the overbearing influence of that extraneous and disastrous cause. The course taken, under the [...?] of sinister interest, and in pursuant of the sinister and, being in abberation from the true cause, the course that should have been pursued for the attainment of the legitimate ends of procedure, to shew /work out/ the abberation and shew that it is such and on what degree, we must first work out the standard, the straight course, from and with reference to which the other is an abberation or departure /or deviation/.
22 Mar. 1805
Evidence
Ch. Procedure Natural
''.2. [...?] the model
''.2. Model of [...?] procedure, the domestic
The architecture of Nations gives the first model to the architecture of man. Trunks became /produced/ columns, branches, arches /arcades/; foliage /leaves/ furnished the ornaments for the [...?].
A political state is a family encreased and magnified; the family is a state in miniature.
Families existed before states. Government in families existed before government in states. Government is not less necessary to the existence of families than of states. In the one as in the other, judicature is a indispensable branch of government; it executes laws, if there are laws /so far as laws exist/; if not it supplies though in a state most constantly the want of them. So far as they /laws/ are wanting it supplies, though in a way morally inadequate the want of them.
In large societies there will always be disputes /disputes among the numbers happen but too frequently/; how should it be otherwise; few indeed are the families, how small soever there are altogether smallest have never been altogether free from them. But only opposition of interests, but even the different lights in which the human object will sometimes present itself in to different understanding, are every where sufficient to give birth to them /those results/. In families there will every now and then be transgressions /acts of delinquency/ /offence/; transgressions of these rules of action /conduct/, which with more or less reason, in a manner more or less explicit, the governing /head/ member has laid down for the observance of the rest. Such transgressions are called offences /misdeeds, acts of misbehaviour/. In the will /command/ /declared will/ of the [...?] more or less reasonably every act that runs counter to it /them/ receives that name. Pain, inflicted /produced/ properly by the superior, father, the head of the family whether for the purpose of preventing the repetition of the offence, on the part of the delinquent on the part of others under the temptation to become delinquents, or thereby to give vent to the resentment produced in the mind /raised in the tract/ of the superior by the contemplation of the offence, receives alike the same punishment.
All this, on the small scale of the family, exists in families; all this,m in the larger scale of a state, exists in states.
+ Happy [...?], if the model thus[?] set [...?] never been departed from without cause.