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22 Decr 1806
To Ld Gr.
On the subject of pleading, any dange departure from
the Scotch mode in present use admitts, if I apprehend the
matter right, but of one alternation – blind and total
adoption of the English mode, or recurrence to the natural
mode. Adoption of the English mode, I have at the same time at once
too strong a conception of the power of prejudices, and too
good opinion of the Scottish taste and good sense and self-esteem
estimation, to expect to find practicable other than impracticable. The Scotch
lawyer Bar would then have to import bodily the whole
mass chaos of our English Books of Entries, ancient and modern,
with lawyers title Pleader, for a clue to it, by way of
preparation for the research study he would have to swallow
and chew digest the cud upon the principle of nullification, and
the practice of fiction, two species of jurisprudential turpitude
almost unknown in Scotch law in which the Scotch lawyers are but novices: regard for veracity
is an incumbrance of which he will have been sufficiently
divested disencumbered by his own forms or no forms of pleading, in
which under the sanction of the mendacity-licence the lies on both sides are advanced pushed forward in unlimited
quantity, and on both sides, especially the side most in the wrong, with
a studious avoidance of religious abstinence from all methods, in the character of
undoubled indubitable truths but to finish his education, and
compleat his complement list of qualifications, the Scotch student
will have to come to London for law as we in London
have sometimes given to Edinburgh for physics, the Scotch student law student will have to come up to the imperial Metropolis for law jurisprudence, and unlearn
whatsoever portion of taste and common sense his nature own school may have left him (common
honesty is out of the question) in the study office of an English Special
Pleader. I hope and trust, my Lord, I shall never live to see the
our brethren of Scotland
reduced to such a state of degradation.
Identifier: | JB/091/078/001 "JB/" can not be assigned to a declared number type with value 91.
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1806-12-22 |
10-11 |
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091 |
scotch reform |
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078 |
to ld gr. |
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001 |
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text sheet |
1 |
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recto |
c1 / e5 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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29074 |
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