JB/036/158/002

Click Here To Edit

1821 Nov. 26
Codification Proposal

Codification in so far as comprehensive will
exclude some of those acts, needless the bad
effect of it sinister interest: still however more or less opportunity of obtaining its ends will remain.

One sinister interest there is which is common to all countries
and which can scarce fail to have place and operation and
more or less influence in a body of those circumstanced this sort. This is the interest
of the lawyer class as such.

I. It is the interest of the greatest number

On this occasion in speaking of the lawyer class it will be cannot
be any otherwise spoken of them necessary to speak of them consider them as f constituting one compact and the
same body having in all points one common interest, and that as will be seen a sinister one. Such in as yet every
civil country to which a proposal such as this can look
for acceptance is the case as yet the case: no man being
a Judge who has not been an Advocate. In the
and existing state of the law this connection has been unavoidable:
it is not in itself a necessary one. It will not be
so in any country in which an all comprehensive and
rationalized body of law executed as it is might be capable of being
is established as constituted. Of the direction course in and of the form with which this sinister interest acts
some intimation must be given, or the proof of the inaptitude of the ordinary
authorities with reference
to a work such
as that in question would
rest very incompleat
would want much of
the force which the nature
of the case has given to it.

It is the interest of the greatest number that the state purport of the
law being as highly contributory as possible to the happiness of
the greatest number the decision of the Judge should in each
instance be as closely conformable as possible to the direction given
by the text of the law, that so the power of the Judge be as little
in as small a degree arbitrary as possible: that so the power
possessed by the Judge of giving to the caste suit a result different from
that intended by the legislature be as small as possible. It
is the interest of the Judge that the power he has in his hands be
as arbitrary as possible: that the fate each of the cause or suit be as compleatly
dependent upon his particular will as possible. In a word it is the interest of
the Judge that the aggregate amount of misdecision and undue decision on
his part at the suggestions in conformity of his of some as such a sinister interest or prejudice of his own be as great as possible.

As this is the interest of the Judge as such that the fate of each cause
or suit be as depen dependent as upon his particular
will as possible, so is it the like is the interest of the lawyer of every other class.

that But in case of collision it is only by accident that the lawyer
of any other denomination
can cause his will to
have effect in contrariety opposition
to that of the Judge.

Identifier: | JB/036/158/002 "JB/" can not be assigned to a declared number type with value 36.
Date_1	1822-07-01	Marginal Summary Numbering	or 6
Box	036	Main Headings	constitutional code rationale
Folio number	158	Info in main headings field	constitut. code rationale?
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a3 / b3 / c3 / d3
Penner	jeremy bentham	Watermarks	c wilmott 1819
Marginals	jeremy bentham	Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	11082
Box Contents