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3
VI Uses
9
As to the motion for the
misrepresentation, it is
almost too obvious to
bear mentioning. Had Ascribing
the mischief here ascribed
to the system, he would
have had to say — change
the system. But in so
doing he would have given
offence, unpardonable offence
to the upholders of the system the
system — to lawyers of all
descriptions, whose profits
springing out of the mischief
and now proportional to vice and full waste
it: too would have undermining
the foundation
of his own rising noble future prosperity future and
he would in the mean time have left himself
without auditors: for what
is it as that a young is it that the bulk of mankind wants to know
about the law? — not
what it ought to be, but
what it is.
Ascribing the business Such would have been the
punishment of honesty and truth.
Now mask the reward of misconduct
dishonesty and falshood. Ascribing
the mischief as he does, to the practice
of "a far unworthy
profession" he ascribes it
to the frailty of human
to a cause which operates
every one with
as an bar
to tell nature — an evil which (so
at least human nature herself is greed
un acknowledged greed — that
ready enough to admitt to
every will be ready
have it thought) his
to subscribe to, is altogether
altogether
out of the reach of remedy:
— Perpetuating the mischief,
upon the imperfections
he thus perpetuates the foundation
inherent in nature
of his fortune and his
nature. He thereby does
fame. Accordingly, here as
what depends upon
elsewhere, istis purpetuum! —
towards, perpetuating the mischief
not change the systems
the friend alike of his
is at once his Precept
fortune and his fame. Accordingly
and his prayer.
instead of change.
the
(9*)
the system, "iste perpertuum
is in so many minds, his
precept as well as his
prayer.
It is in this misrepresentation
that the fee-fed
Judge reads his every day daily
lesson. Accordingly and as
often as, taking advantage yielding to
of this or that one of the
innumerable temptations
to dishonesty which
the system holds out on
the whole and every part
of it, an Attorney is
betrayed into some act
of dishonesty too flagrant
to pass unnoticed and to be suffered to pass
unreproved, the criminal
hypocrite, instead of laying
the blame upon that
system of iniquity but for which the
mal pract mal-practice
never could have taken
place, lifts up his eyes
and hands to heaven,
deploring the depravity of
human nature.
place, and which, if it
be not the wash of his own
hands, he stands as fully
determined engaged to defend per
if it were fas it as if lifts up his
eyes and hands to heaven,
deploring the depravity
of human nature.
(so at last human nature
herself is glad in to
it thought, lies altogether
In regard to delay,
to give compleat the effect of to the Uses
desirable from these Tables,
wishes to
find his may their concessions
on the subject
clear and satisfactory will find it indispensably
necessary to attend
to the following distinctions
On the occasion of judicature,
as on every other,
whatsoever is done, requires
time to do it in.
Delay signifies presents the idea of time,
but coupled with the additional
idea of a sentiment
of regret created
called forth by the contemplation of
the magnitude of the its quantity.
Whatsoever is done in
the way of judicature
could it be done within
the compass of a single
instant without prejudice
to rectitude of decision,
be done within the compass
of a single instant
it would so much the
better. But, as in that since no
way nothing can be ever that is done in that
be compassed into so small such comparison is ever
a share of him take place possible thence
it is that it may be
said, and without
any violation of truth
or propriety of speech,
that nothing that is done
in the way of judicature,
ever is, or can be done,
without delay.
On this foundation then
must be built the distinction
between ordinary
delay and extraordinary,
and that between necessary,
[otherwise termed] or unavoidable,
and unnecessary
[otherwise termed] avoidable
and as superabundant:
which superabundant
portion, being,
a the result in every part,
of it, the result either
of the activity or of the
negligence of the creators
and upholders of the system
under which it has
place, may in every
part of it be so termed stated
with reference to them,
as being the work of their hands
artificial, fabricated or factitious:
the work of their hands.
By add A certain
portion of delay as above, is by experience
found necessary to
the dispatch eve of those cases
suits, which, for the pronouncing
of a right decisions
on them, require
the least quantity of
time. Let this quantity
be called the ordinary
quantity.
That ordinary quantity
By the experience
of which, under the system of natural
of procedure passes in the
English Courts of Conscience and Scottish
Small Debt Courts, this
ordinary quantity is
found to be, for each suit a small
portion of a day; reckoning
from the time of the first appearance
of both parties:
or of the plaintiff alone,
in case of non-appearance
on the part of the defendant!
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Identifier: | JB/122/054/002 "JB/" can not be assigned to a declared number type with value 122.
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1807-07-14 |
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122 |
Panopticon |
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054 |
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002 |
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Correspondence |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D1 |
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IPING 1804 |
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Bernardino Rivadavia |
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1804 |
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See note 6 to letter 1929, vol. 7 |
002 |
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