22 April 1805
Evidence
Securities
Ch. Procedure Technical
''.2. Objects pursued.
what were they? - The were such as while they afforded as much trouble as the most profitable ones would have afforded less /a reduced stream[?] of/ profit or none at all. In this way then by encreasing ad libitum and without much need of thought the quantum of profit upon each suit, the aggregate of the three conflicting ends was as effectively promoted as it could be: the maximum of profit was obtained /purchased/ - the minimum of labour was expended.
16 May 1805
Evidence
Introd.
Ch. Sinister
''.2. Objects
First and most universal end, interests, object of pursuit to the man of law as in every capacity as in that of the framer of the system of procedure, profit, pecuniary profit, security on every occasion up to its maximum the mass of pecuniary profit extracted from the occasion. But the matter of profit to the man of law is the very same matter, as that which flowing out of /extracted from/ the pockets of the suitor, becomes /is/ matter of expence in /with/ relation to the suitor. First and most immediate object of the actual system of procedure, to swell to its maximum the mass of expence, the evil opposite to the corresponding end of justice /legitimate end of procedure/.
12 April 1805
Evidence
Securities
Ch. Procedure Technical
''.3 Objects ulterior
Every suit that takes place is with reference to each of the parties either a bonâ fide suit, or a malâ fide suit. The uncertainty of the law is the instrument by which bonâ fide suits are brought into existence /The source of bonâ fide suits, is hath just been seen, in the unnotoriety source of bona fide suits/. To the existence of Mala fide suits on the other hand the notoriety of the law, as to certain points of it is requisite: - as to certain parts of it: viz: as to /in respect of/ those arrangements from /in/ which the suitor who is not only in the wrong but himself compleatly fully /compleatly/ conscious of his being so, may behold a certainty of success.
Every suit that takes place is either a bon fide suit, or a malâ fide suit: and that with reference to each one of the parties /the party or parties on each side/. Under /To/ which of the two predicaments /descriptions/ the rest comes, /belongs, so as it do but exist,/ is in every instance a matter of compleat indifference to the man of law. The circumstance to which the distinction in this case owes its inheritance is - that different causes as will be seen are required for the production of the two effects. That in the causes requisite for the production /by which the production/ of these two effects is promoted, there is a considerable difference. Mean time
1. A bonâ fide demand at any rate commences and pro tanto constitutes a suit: therefore it is the interest of the man of law requires that the number of bonâ fide demands be made as great as possible. First object of the technical system - to render the number of bonâ fide demands of bonâ fide suits being such on the part of the plaintiff or demandant - as great as possible.
2. To the continuance of a suit, a defence is for the most part as necessary as a demand and the continuance of the demand. Second object of the technical system - to render the number of bonâ fide defences as great as possible.
10 April 1805
Evidence
Securities
Ch. Procedure Technical
''.3 Objects ulterior
9.1. A malâ fide demand makes a suit as much as a bonâ fide demand: therefore, it is the interest of the men of law requires that the number of malâ fide suits /demands/ be made as great as possible. Third object of technical procedure - to encrease /render/ the number of mala fide demands. of mala fide suits being such on the part of the demandant /plaintiff/ as great as possible.
10.2. A mala fide defence continues a suit as much as a bonâ fide defence: therefore it is the interest of the man of law requires that the number of mala fide defences be made as great as possible. Fourth object of technical procedure - to render /encrease/ the number of malâ fide defences - of malâ fide suits being such on the part of the defendant, as great as possible.
11.3. The quantity of profit extractable, in a given space of time, from the aggregate number of suits, being given, it is the interest of the man of law that the number of suits carried on within that time should be as small as possible: since whatever labour is not attended with profit, is needless. Fifth object of technical procedure, to render as small as possible the number of suits carried on by those whose capacity of expence affords no profit, or inferior profit as small as possible: in other words to exclude as much as possible the poorer classes, that is the great majority of the people, from the benefit of justice: - to place the great body of the people in a state of perpetual outlawry. N.B. This effect takes place in a considerable degree, without the necessity of any exertions directed to this special purpose /specially directed to this purpose. The greater the quantity /quantum/ of expense created, the less the number of those whose circumstances enable them to support it.
11 April 1805
Evidence
Securities
Ch. Procedure Technical
'.3 Objects ulterior
5. Prosecutions are suits: suits constituted by a demand made of satisfaction or punishment, or both on the occasion of an /some/ offence. The greater the number of offences committed within a given time the greater the numbers of offences liable to be prosecuted out of which prosecutions may arise. Fifth object of the technical system: to render the number of offences, (crimes of all sorts included) as great as possible.
That the man of law his own interest in the multiplication /frequency/ of offences in general, and of those more odious offences which are distinguished by the name of crimes in particular, is manifest: for suits occasioned by offences, suits for the prosecution of crimes, are suits.
Note
His interest in this respect his interest is not uniform and absolute. His interest is derived from, and proportioned not to the quantity of mischief produced by the commission of them, but to the quantity of profit extractable from the prosecution of them. In a general way o speaking, it is true to say that it is his interest that as many crimes as possible be committed, because the greater the aggregate number of these that are committed, the greater will naturally be the number of those that are prosecuted. But in the commission of those of mala fide be of which it is certain that they neither will be prosecuted, nor be productive of others that will be prosecuted, he has no interest. So likewise, there be any crimes or other offences, from the prosecution of which no profit is extractable by him, weather from the defendants side of the case, nor yet from that of the prosecutor, in the multiplication of crimes and other offences of the description he has no interest.
A man of law /lawyers/ is a man. From this character he derives a general interest, opposite to the special interest on this ground which belongs to him in the character of a man of law. As a man his interest requires that the number of crimes committed be as small, as a man of law that it be as great as possible.
From crimes /In the commission of offences/ which are not prosecuted, crimes /of offences/ the prosecution of which affords him /if such there be/ no profit, he has no /not in the character of a man of law any/ interest: in these cases, in so far as they can be distinguished from the rest, the interest that belongs to him in the character of a man, being unballanced, will be seen to turn /dominate/ the scale.
In the commission of offences which afford him a half-profit, profit on the prosecution of those not being extractable but from one side, in his character of man of law he will have as it were but a half-interest.
11 April 1805
Evidence
Note
Securities
Ch. Procedure Technical
''. Objects ulterior
The aggregate number of offences committed and prosecuted being given, his interest requires, that the number of offences committed by the rich, or prosecuted by the rich, or both, be as great as possible: and a converse, that the number of offences committed by the poor /indigent/, or prosecuted by the indigent or both, be as small as possible.
From various causes /Whatever be the cause, and there are various ones/ the majority of offences in number and value: (i.e. degree of mischievousness) that is the majority of crimes together will be such in which the poorer classes have more concern /are more concerned/ than the richer. concerned in the character of prosecutors, and in a still larger proportion in the character of delinquents: [...?] 1. The poorer classes are the most populous. 2. Offences produced of indigence are far more numerous than offences of all other descriptions put together; and offences produced by indigence are naturally /most apt to be/ the offences of the poorer classes.
Note?
Between, profit, reputation and power, and consequently between the interests respectively created /generated/ by those objects of universal /general/ desire, the connection is intimate and almost inseparable: so that /and/ where a mans interest in quality of /the character of/ a man might have outweighed his interest in point of profit in the character of a lawyer, it may happen that his interest in point of reputation in the character of a lawyer, being so superadded may /shall/ have the scale on the other side
Note?
In different countries under different systems, this conflict of interests will be found productive /may be observed to have been productive/ of different effects. In some, in the character of a lawyer the interest of a mans reputation has been better served by the punishment of crimes prosecuted, and thence decreasing /diminishing/ the number of crimes committed than by giving impunity to crimes; in others, it has been better served by giving impunity to crimes, and thence by encreasing the number of crimes than by diminishing it.
April 1805
Evidence
Securities
Ch. Procedure Technical
''.3. Objects ulterior
The quantity of lawyers profit extractable out of the aggregate of suits is encreasible in /may be encreased in either of/ two ways - by encreasing the number of suits in which the services of the man of law in his several forms must /require/ to be purchased, or by encreasing the number of instances in which it requires to be purchased on the occasion of each suit. In both ways it receives a proportionate encrease from the non-notoriety /unnotoriety/ /unscrutableness/ - the uncertainty - of the law. The greater the number of suits in existence, the greater the demand for his assistance /exertions/: the greater the number of suits in contemplation, his disposition of the law in relation to them presenting itself as indeterminate the greater the demand for his advice.
10 April 1805
Evidence
Securities
Ch. Procedure Technical
''.3. Objects ulterior
5. It is the interest of the man of law that the arrangements made to the people at large in the character of actual or potential suitors considered as capable of becoming suitors the arrangements made in the way of law - the arrangements whereby their properties, liberties, personal[?] reputations, and conditions in life are disposed of, should be as little known as possible: accordingly the study of men of law on every occasion, and on the occasion of the construction of the technical system of procedure in particular, the study of the man of law has been to keep these arrangements as much /generally and compleately/ unknown as possible.
By this appropriate ignorance the profit /interest/ of the man of law is encreased /advanced/ in various /a variety of/ different ways. 1. Not knowing what sorts of acts are prohibited he commits, and thence comes the profit extractable from prosecution and defence /prosecutor /demandant/ and defendant/ in a penal cause. 2. Not knowing what are and what are not his rights /in what any right and obligations are /stand/ distributed/, he claims some right which is not his /does not be/ due: and thence comes ill grounded demands, and the profit extractable from demandant and defendant in a non-penal cause, or he refuses to comply with the demand made of some service which he has under the obligation of rendering to some other person to whom in virtue of a corresponding right such service is due: and thence come ill-grounded defences, and the profit extractable in this way again from a non-penal cause.
3. On each occasion on which he is called upon to act, the occasion allowing time for consultation, not knowing what /whether/ any arrangements have already been taken by the law in relation to that occasion, nor if any what they are, of ir none what will on such occasion be the arrangements taken by the judicial authority in the event of his acting so and so or not acting, he thus finds himself driven to the necessity, if he has wherewithal to defray the expence of consulting the man of law in the shape of one to /by/ whom on each occasion the arrangements taken by the legislator or in his default likely to be taken by the Judge, are satisfied to be known and understood. [...?] of technical procedure /system/. Rendering the laws as incapable of being known as possible difficulty of knowing what laws do exist, & which do not exist as great as possible. /the knowledge of the tenor of the laws as difficult as possible./
10 April 1805
Evidence
Note
Securities
Ch. Procedure Technical
''. Objects ulterior
Note( )?
Be the nature and subject matter of a law /and nature of a portion of law/ what it may, of whatever good /effect/, if any, it may have been intended to produce, the production /quantity produced/ will depend upon the degree /the extent/ in which it is known. In whatever degree or extent it fails of being known, the effects of it either amount to nothing or are pernicious.
Supposing its existence to compleatly unknown, and so be [...?] for ever, such non-notoriety is compleatly tantamount to non-existence. If it produces no good effects, so neither does it any bad ones.
When the non-notoriety of the laws in general, or of any portion of the law in particular is spoken of, and spoken of as a cause of evil /mischief/, the state of things of which it is understood to be designative must always be, a middle state between compleat notoriety on one hand, and compleat un-notoriety on the other: a state in which if the portion[?] of law in /with/ which each man has an interest in being acquainted, one part only /alone/ were known to him, and not another: case unknown to him when he comes to be /for the purpose of his being/ made to suffer by it. unknown /not known/ to him for the purpose of his reaping advantage from the knowledge of it, saving himself from his being made to suffer for want of his knowing of it, saving others from being sufferers for want of his knowing it.
10 April 1805
Evidence
Securities
Ch. Procedure Technical
''.3. Objects ulterior
The most effectual security for non-notoriety consists in non-existence. Of Jurisprudential (in English Common) Law, the characteristic /distinguishing/ property is non-existence. Jurisprudential law may be defined that sort of legal discourse, concerning law, of which the supposed purport is every where and the tenor no where. For if /of/ that which is given for law has a tenor, it is no longer jurisprudential but statute law. By an abusive application of the term law a semblance of existence, a sort of verbal existence is given to an ideal object which in fact has none. Between really existing law and this sham law, between statute law and jurisprudential law there is no more real identity, than between a real man and a man of straw, or the spectrum of a man in a phantasmorganic [...?] show.
Third[?] device of the Technical system. Keeping the rule of action in /body of the law in as great a proportion as possible, in/ the state of jurisprudential law.
Of the tenor of any article or mass of law knowledge of the existence is of no use, any further than /to [...?] as/ the purport of it is known - that is, what, in the want of a suit instituted or defended on the ground of it, would be deemed /pronounced/ to be the purport of it by the Judge. By employing for the tenor /in the composition/ of the law a sort of [...?] to which the man of law is accustomed, men /suitors/ at large in the character of suitors unaccustomed, things may be so ordered that while /of that of which/ the man of law can comprehend, or may be supposed to comprehend the purport, the purport may rendered be so obscure, as that the non-lawyer may not only not comprehend it, but despair of ever being able to comprehend it. - and thence be driven by necessity to address himself for the interpretation of it, to him who professes to comprehend it.
Third device of the Technical system: - keeping the rule of action /body of the law/ in as obscure a state s possible.