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'' | <p>July 1810 1810 July 17 + <del>B</del> §.3 18</p> | ||
<note>1<hi rend="superscript">0</hi></note> | |||
<head>Fallacies</head> | |||
<note>Ch. 1 Authority worshippers<lb/> | |||
§.3. Lawyers untrustwothiness</note> | |||
<p>5 1 1</p> | |||
<p>Refer for example to <unclear>Rumeley's</unclear> capital punishm<hi rend="superscript">t</hi> Bill</p> | |||
<p>§.3. Lawyers — Untrustworthiness of their opinions on the question — what ought to<lb/> | |||
be law<del>?</del></p> | |||
<p>Thus stands <del><add>it is with</add></del> the use <del><add>and value</add></del> of authority in the question<lb/> | |||
what <hi rend="underline">is</hi> law</p> | |||
<p>As to the other question — what ought to be law; <del>it <add>the</add><lb/> | |||
those grounds it stands upon are altogether different.<lb/> | |||
<gap/></del> Here the authority of the man of law is not <add>merely</add> worth<lb/> | |||
little, it is not <add>merely</add> worth nothing, it is worth a great<lb/> | |||
deal less</p> | |||
<p>On the question what the law is, <del><add>b<gap/></add></del> accidents excepted<lb/> | |||
<note><del>[+] exception excepted<lb/> | |||
and that no inconsiderable<lb/> | |||
extent</del></note><lb/> | |||
<del><gap/></del> it is <del><add>most commonly and upon the whole</add></del> his interest that the guess he gives be a<lb/> | |||
right one, <del>his</del> because <del>his by and rendering it so</del><lb/> | |||
if such it should <del>be</del> prove, <del><add>to be,</add></del> <add>his reputation and thence</add> his interest is upon the<lb/> | |||
whole rather served than hurt <del>by it</del>.</p> | |||
<note>10 or 1<lb/> | |||
11. <hi rend="underline">Sc<gap/></hi> as to what<lb/> | |||
ought to be law<lb/> | |||
As to what is law,<lb/> | |||
it is in general a<lb/> | |||
<sic>lawyers</sic>' interest to<lb/> | |||
give a right opinion</note> | |||
<p>But on <del><add>let</add></del> the question <del><add>be</add></del> what ought to be law nothing<lb/> | |||
can be more decided — no interest the prevalence of which<lb/> | |||
ought in the principles of common sense to be considered as<lb/> | |||
more <add><gap/></add> universal — than the interest which he has in giving<lb/> | |||
such an opinion as shall be <del><add>on each occasion</add></del> as far from the <del><add>wide of the</add></del> truth <del><add>what is right</add></del><lb/> | |||
as possible.</p> | |||
<note>11 or 2<lb/> | |||
— as to what <hi rend="underline">ought to<lb/> | |||
be</hi> law, a wrong<lb/> | |||
one, and that such<lb/> | |||
wrong one should prevail</note> | |||
<p><del><add>By Under the guidance</add> The rule of contraries indeed no inconsiderable<lb/> | |||
chance it might appear at first sight might<lb/> | |||
be obtained of arriving by this road at the truth.<lb/> | |||
But whatever should for his own use for <add>apply</add> <add>make use of</add> <add>such</add> instruction<lb/> | |||
to this rule would do well to keep it secret: because <add>Since</add><lb/> | |||
Custom it is that in the character of an established rule<lb/> | |||
it could not long avail: since no sooner were it recognized<lb/> | |||
as such, those learned gentlemen by <add>by turning about and</add> observing<lb/> | |||
the same rule in their opinion learned gentlemen<lb/> | |||
would under favour of the rule render deception sure,<lb/> | |||
and without exposing themselves to the charge of insincerity reap<lb/> | |||
all the <unclear>interest</unclear> fruit of it.</del></p> | |||
<note>12 or 3<lb/> | |||
Safest side the <gap/><lb/> | |||
opposite to his opinion<lb/> | |||
were it not<lb/> | |||
that if such were<lb/> | |||
the established course<lb/> | |||
he would frame<lb/> | |||
his opinion accordingly,<lb/> | |||
and make<lb/> | |||
it opposite to their<lb/> | |||
wishes: thus producing<lb/> | |||
<unclear>deception</unclear><lb/> | |||
<unclear>without</unclear> <gap/><lb/> | |||
<gap/><gap/><gap/><lb/> | |||
<gap/><gap/><gap/></note> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
July 1810 1810 July 17 + B §.3 18
10
Fallacies
Ch. 1 Authority worshippers
§.3. Lawyers untrustwothiness
5 1 1
Refer for example to Rumeley's capital punishmt Bill
§.3. Lawyers — Untrustworthiness of their opinions on the question — what ought to
be law?
Thus stands it is with the use and value of authority in the question
what is law
As to the other question — what ought to be law; it the
those grounds it stands upon are altogether different.
Here the authority of the man of law is not merely worth
little, it is not merely worth nothing, it is worth a great
deal less
On the question what the law is, b accidents excepted
[+] exception excepted
and that no inconsiderable
extent
it is most commonly and upon the whole his interest that the guess he gives be a
right one, his because his by and rendering it so
if such it should be prove, to be, his reputation and thence his interest is upon the
whole rather served than hurt by it.
10 or 1
11. Sc as to what
ought to be law
As to what is law,
it is in general a
lawyers' interest to
give a right opinion
But on let the question be what ought to be law nothing
can be more decided — no interest the prevalence of which
ought in the principles of common sense to be considered as
more universal — than the interest which he has in giving
such an opinion as shall be on each occasion as far from the wide of the truth what is right
as possible.
11 or 2
— as to what ought to
be law, a wrong
one, and that such
wrong one should prevail
By Under the guidance The rule of contraries indeed no inconsiderable
chance it might appear at first sight might
be obtained of arriving by this road at the truth.
But whatever should for his own use for apply make use of such instruction
to this rule would do well to keep it secret: because Since
Custom it is that in the character of an established rule
it could not long avail: since no sooner were it recognized
as such, those learned gentlemen by by turning about and observing
the same rule in their opinion learned gentlemen
would under favour of the rule render deception sure,
and without exposing themselves to the charge of insincerity reap
all the interest fruit of it.
12 or 3
Safest side the
opposite to his opinion
were it not
that if such were
the established course
he would frame
his opinion accordingly,
and make
it opposite to their
wishes: thus producing
deception
without
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Identifier: | JB/104/107/001"JB/" can not be assigned to a declared number type with value 104. |
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lawyers - untrustworthiness of their opinions on the question - what ought to be law |
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jeremy bentham |
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