JB_036_009_001.xml

Title: [1821. April 26. First Lines]

Description: 1821. April 26.

First Lines

Constitutional Finance?

II. Remains to be shown how it is, and whence it is, that the state of moral

aptitude with relation to the functions in question being in the exacted

situations in question such as has been described, the conception, commonly

entertained in relation to it, has commonly been so opposite to

the state of things as thus described, and thereby so incorrect and

opposite to truth. The cause of this delusion may

be seen in the influence exercised by the high alliance — by

the confederacy of power, factitious dignity and the excessive

opulence partly through the medium of corruption,

partly through the medium of force and intimidation on those discourses,

written as well as oral, particularly those

presenting themselves constantly to view in the written form by

which information is conveyed respecting this quarter

of the field of thought and action in which instruction is

sought, and by which opinion and affections are moulded.

Take, in the first place, opulence even in that minor degree of of force

with which it operates when the field of its operation is confined to

private life. Proportioned to the quantity of the matter of opulence which

a man has at his command will be the quantity in which those who

are in habits with him, or entertain a prospect of being in habits with

him, may expect to share. Proportioned to the intensity of their respective

appetites for such share will naturally be their endeavours to procure for

those appetites their appropriate qualification according to all

such actions and discourse together means safe and not

disreputable as they see within their reach. Proportioned to the success of

such their endeavours will be their non self-satisfaction and that aptitude

as towards the author of it can scarcely fail, in some way or other, to be

the accompaniment of it. In action as well as discourse, more particularly

in discourse as being the cheaper article, will this gratitude, real and

feigned together, find expression and give itself vent.

036_004.xml

Title: [[xxxvi. 4] 1821 April 26 Constitut]

Description: [xxxvi. 4]

1821 April 26

Constitut Code

First Lines

First Principles

Appropriate Aptitude

Aptitude is inversely as altitude

Sympathy of affection (1.) and of conception

[...?] per copies

\PS\ With relation to political function, aptitude is not directly but inversely, as altitude in the conjunct scale of power, opulence and factitious dignity - of political prosperity - of political influence.

Factitious dignity, opulence, - of these will external instruments of human felicity, in themselves /their nature/ separate, but in various proportions naturally intermixed, is composed a sort of medium or atmosphere in which the favorites of fortune live, move, and have their being. Each having the faculty /property/ of introducing its possessor into the possession of the two others, they will on some occasions and to some persons, require to be considered and combined while on other occasions & to other purposes, they will require to be considered as separate. The quantities of these sweets, absorbed by different individuals rise one above another in a scale, the highest point or degree of which is occupied by the position absorbed by a despot of ancient or modern time - an Emperor of China, an Emperor of Rome an Emperor of Russia: the lowest point or Degree by the portion absorbed by an individual of the labouring class, whose labour affords him nothing beyond /above/ the means of bare subsistence, but that subsistence assured.

When degrees of appropriate aptitude are considered with relation to the possession and exercise of the powers of government, a conception commonly entertained appears to be, is that the height of a man's place in the scale of such appropriate aptitude, is as the height of his place in that scale of external felicity - in other words as the quantity possessed by him of that compound of the external elements of felicity - directly,

Upon a nearer inspection /closer scrutiny/ it will be found that how natural soever this conception is erroneous and that the reverse of it is the true one: that the proportions may in the main hold good, but that the ratio is not the direct but the reverse.

First let it be seen, that the appropriate aptitusde in question is not directly but inversely as the heighth of the place occupied by the individual in gorgeous scale: next where it is that the opposite corruption has come to be so generally entertained: in the influence exercised by the matter of wealth operating as an instrument of delusion, the cause it will be seen is to be found.

037_067.xml

Title: [1821. May 5. First Lines Divisions]

Description: 1821. May 5.

First Lines

Divisions.

Of the manner in which this wretched substitute to real and genuine law is framed /formed/, take this description. In the course of a suit in which application is made of the rule of action thus composed, the judge, on each occasion, pretends to find ready made, and by competent authority en[...?] with the force of law, and at the same time universally known to be so in existence, and so in force, a proposition of a general aspect adapted to the purpose of affording sufficient authority and warrant for the particular decision or order which, on that individual occasion, he accordingly pronounces and delivers.

Partly from the consideration of the general propsitions fo framed, as above, by this or that judge or set of judges, partly from the consideration of the individual instruments or documents expressive of such individual decision or order as above, or framed in consequence of and in alledged conformity thereto, partly from the consideration of such arguments /discourses/ as have been, or are supposed to have been, suffered whether by the judge or by /the/ advocates on /one or/ both sides on that same occasion, a set /class/ of men /lawyers/ have, under the general names of general treatises or reports of particular cases, concurred in the composition of an immense and continually encreasing chaos - the whole of it written, and a vast portion of it printed and published, constituting an ever encreasing body of that which, having law for its subject, may, in so far with propriety be termed being not only written but printed be termed with propriety written though in actual usage it forms a part of the whole of the matter which passes under the denomination of unwritten law.