JB/013/232/001

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1820. Sept 7 19
J.B. to Mora Letter 1
(2)

he was outvoted by the Abbe Sieyes. A draft, for this purpose, had already
been prepared by a Committee of the Assembly: my work
includes a perpetual commentary on that draft. Things, I found, had
gone so far, that the Election of the Judges, by the people at large,
and, for aught I know, of all the Judges, was an arrangement that
seemed to be fixed upon beyond all controversy. My plan had, accordingly,
that for one of its pages bases: whether for Spain, or for any other
country, that mode of appointment the be the most suitable, – whether there
be any and what other preferable of it, is more than I can take
upon me to say, – without an examination, which, I think, I could
make without much difficulty, but which nothing, as yet, has ever
made it worth my while to enter upon. This work is among the number
of those which have been delivered, on my account, by the hands
of a Mr. de la Fuente, to the Minister of Justice, Mr. Arguelles: it
is of the number of another parcel, which, on the supposition of the
miscarriage of the former, was sent, I am informed by Mr. Blaquiere,
by him to that same Minister: another copy, of which I beg your
acceptance, will, I hope, reach you in in company of this one of
the duplicates of this my letter. What is there proposed is all along
compared with what has place in England. It has in it full as
much of novelty as any work of mine which you can have seen.

On the system of procedure, I have no finished work:
no work applied, in its details, to the details of the substantive branch
of the law. The reason is simple: I have no finished Draft of a Code
for any branch of the substantive law. But I have a work in which,
according to a scheme as new as in any of those other cases, the
main principles of Judicial procedure according to my view of
them, are set forth. A comparative view is there give of the two opposite
systems of procedure – the natural and technical: the natural
having, for its end or object, the interest of the people, through
the medium of the proper ends of Judicature, viz. giving effect to
the substantive branch of the law, with the minimum of delay, vexation
and expence: the technical, framed by lawyers and, consequently,
having for its object or end in view, the promotion of the particular
interest of that profession, and accordingly, swelling, to a maximum,
the delay, vexation, and expence, for the sake of the profit extractible
out of the expence. This universal professional end will, in course, in different
countries, have been pursued by different meaningss. In the English
system of procedure, I have, by way of exemplification, enumerated
no fewer than 28 sources of those three conjunct abominations, all of them factitious, all of them abundantly
productive

Identifier: | JB/013/232/001 "JB/" can not be assigned to a declared number type with value 13.
Date_1	1820-09-19	Marginal Summary Numbering
Box	013	Main Headings
Folio number	232	Info in main headings field	jb to mora letter i
Image	001	Titles
Category	correspondence	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d3 / e3
Penner	john flowerdew colls	Watermarks	c wilmott 1819
Marginals		Paper Producer	andreas louriottis
Corrections	jeremy bentham	Paper Produced in Year	1819
Notes public	draft of letter 2689, vol. 10	ID Number	4681
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