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26 Jany 1805
Evidence
§. Cause of the deviations of the technical from the natural system.
Sinister interest of the man of law.
All systems Every system of law procedure, having lawyers for its authors,
has had the profit advantage of lawyers for of course in so far
as he authors workmen were at liberty to be guided by their own peculiar
interest in the construction of the work, had the promotion of that
interest for their main object or end in view. If the due administration
of justice, that is the fulfilment of the promises made engagements taken
by the substantive branch of the body of the laws, had any concern
in the business in the interest of the community in
respect to the fulfilment of those engagements, it has been only
in the way of pretence, and in the character of a collateral
and unintended scarcely intended though happily in some a considerable degree an inseparable
result.
So far as the paths that led to the public object interest, and
the sinister path that led to the private and professional object happened
to coincide, in so far the public object would in this state of
things naturally be pursued: so far as there were any want
of coincidence between the two courses paths, the public object would
be sure to be sacrificed made a sacrifice, in so far as the state of the adm time public mind
admitted of such sacrifice.
In the instance of both the Whichever of the two rival
systems we were to look to the Roman and the English, we should find the
state of the times public mind favourable in the highest a very high degree to all such
sacrifices. In both instances, the work has been not cast
in the way of statute law nor , but hammered out and
patched together by almost insensible degrees, during a course in the course of successive
ages, and with little or no check from any capacity of superintendence
on the part of the public for whose use the article was
pretended to be made.
Identifier: | JB/058/304/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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