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There are those of the Profession who desire to see it done; for they
have an interest
but they have not the power.
I mean There are the young men
just entering it likely interd into the Profession,
there are those who have this power, but they
do not desire to see it done; for they have not
an interest in its' being done. Their interest is
against its' being done. These are the men of extensive
connections in the Profession, of long experience,
and of established practice.
The want of this institution has been attended
with the effects that might have been expected.
Monopoly upon Monopoly has grown
out of it. There is a class of men called
Special Leaders: these have a one monopoly
against the rest of the profession for their department.
There is another class of men
called Conveyancers: these have a like monopoly
for theirs. There is a class of men called
Chancery Draughtsmen: these too have a like monopoly.
All the monopolies are founded upon the
possession of materials inacceptible to the
bulk of the profession.
The veteran practisers, as such, have an that advantage
natural qualifications being at a par which habit and exercise
will give over younger men in every
course line of study. It is not that I am
speaking of: an advantage fairly and dearly
carried, which they neither can nor ought if they could to
be made to part with.
But These too have a monopoly against the their funders
by the exclusive possession of materials. the written funds of knowledge
All have a monopoly against the public. the communicable but uncommunicated
All have a monopoly against the public founded
on the exclusive profession of a certain portion
of that intelligence for which those who are in
trust for the public are debtors to the public.
They have been often asked to keep for it:
they have not answerd. Will they ever? Let
us try however. Let us interrogate more closely.
Who are the men who having the interests of
the more particularly committed to their
charge, have the best opportunities of seeing these
defects by which it differs? The Judges - What
is a Judge? have the clearest insight into and of understanding the nature of the remedy that is wanted. A man who having one lately had a
share himself in the monopoly, sees it now has left it to
be shared among his friends. Why does he his no
one thought of lasting the jolting on foot the measure that will
break it? It would It would
hurt those friends. it would let in those to
reap who have not sown: it would put the
new comers into the vineyard upon a fortune
with those who have born the heat and burden
of the day. Thus each for himself. his conscience Unexceptionable and arguments which the public goes for nothing. For other
enquirers - It is a great undertaking It is a new thing it requires
to be much thought upon - he is very has much
employment - he has no time - he is but
one of many. A man cannot attend to every thing There be several other things as . It is the business of every one
of them as much as his. He is no Legislator
- tis - A Judge is one thing A Legislator
is another - It is the Legislator's business
to make things better: it is his a Judge's
to keep them as they are.Yet, if I am not mistaken Let him have this only merit, this will not to .
I know that to
in the ordinary lawyers' vocabulary is indecency
and presumption: but it is by such indecencies
and such presumptions that the state is
served.
Identifier: | JB/070/125/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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125 |
promulg. n. year books monopoly interests against it |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23240 |
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