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23 March 1807 C + 2 5 7
Scotch Reform Delay and Complication Table
Set aside its consequences,
complication is not
(like delay, vexation and expence)
not itself an evil.
Taken into account its
its consequences — its
natural consequences and
constant tendency — it
is a main root of all
evil: its tendency being
in proportion to the quantity
of it, to breed introduce
and maintain delay, misdecision,
failure of justice, vexation,
expence (including
lawyers profit) — in
a word the whole catalogue
train of evils correspondent
and opposite
to the ends of justice:
and this not only through
the medium of delay,
but through the more
obscure and tortuous
channels —of uncertainty
and unarguerablity of
the supposed rule of on the part of
the law.
Accordingly to fabricate
and keep up in foot this
evil, and in the greatest
possible quantity, is among
the devices of the
technical system: — a
master-device to which
most of the edifices of
spoken of under
the name of devices are
may be seen to be subservient.
On the both some occasions,
men have even been have even been
found, so lost to all dead of
dead to all sense of shame, so confident
of effectual support from
congenial and considerate
baseness as to make urge
it as a matter of public open
reproach, to the few honest
men which it is
ever possible for such a system the Technical
system to afford, the
wish and endeavour
to promote the simplification
of the law: — to
defalcate any thing from
the enormity of the opposite
abuse grievance.
Sometimes, where superiority
of station affords
a presumption of superiority
of intelligence,
the very monstrosity
of a proportion, serves,
in the hand of craft,
as a resona as an instrument for
forcing it upon the minds cramming it down the throat
of willing ignorance.
Without good and sufficient reason
He would ever never (say the
obsequious herd) have
hazarded so bold a
paradox.
As Being attended with
some peril, in the shape
of loss of character, a
fallacy of this stamp
will not naturally be hazarded,
except unless on great occasions:
But a Soldier — whose back
has twice been marked
by the lash, has little
apprehension left on the
score of infamy.
Natural
as opposed to in contradistinction may serve to describe
the opposite to factitious:
natural, resulting from
the nature of things,
without any aid from
misapplied human industry:
factitious, the
result of human industry,
viz: of the industry
of Judges and other
lawyers, operating in the
construction and under
the shelter of the technical and fee-gathering
system in pursuit
of their the sinister
ends of judicature.
[See Letters]
III.218
Montesquieu, in whom whose
tonsil every abuse of which
judicature is susceptible
has found an advocate
every crime of which
is the
instrument an accomplice abetter,
has but the use taken the spirit/example
of his epigram for the for the best of use against
simplification The
wish to see it effected
is forsooth the mark of
a little mind: though
great minds have and
a here and there
been advised to harbour
it:
From such vague traits
what mind could ever
receive the any useful
light. by: Ture:
useful stamp pleasing epigraminalist ought not
to be done away, only
pernicious or useless ones.
But from traits like yours
who is there that can learn the difference. See Table III: no epigrams there, but truths enough as they are undeniable.
For the nature of the
connection between
complication and
delay see Notes (a ) and (f)
[Extra Delay]
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Letter 1930, vol. 7 |
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