date

[036-124v] 1822 Jan y 20 Codification
[036-124v]

1822 Jan y 20

Codification Offer

'.5

'.5. The greatest happiness of the greatest number requires that, for the function exercised by the drawing of the original draught of such a Code, the competitors be as many as without reward at the public expence can be obtained: and so for that of proposing alterations in such draught as shall have been adopted. Plan for obtaining competitors

For the simple statement of the reasons which plead in favour of this arrangement the here proposed arrangement few words are necessary: but for exhibiting them in any thing like their full force would require a little volume

The simple statement may be given as follows - /the few words following may suffice -/

1. The greater the number of such draughts, each from a different hand, the greater the chance that the one which all points taken together is the fittest will be before the public eye, and in consequence be adopted.

2. The greater the number produced as above, the greater the chance that to such imperfections as may have place in that one which upon the whole obtains the preference apt amendments will be suggested by the view of those other draughts.

3. The greater the number produced, as above, the greater the chance /probability/ that the original draught will not be the work of any person, possessing /whose situation gives him/ a share in the power of giving to it the force of law, and consequently operating under the influence of those causes of inaptitude to which the work of every man in any such situation is unavoidably exposed /necessarily and continually exposed/.
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  • Title: [[036-112v] 1821 Dec r 22 Codification]
    Description: [036-112v]

    1821 Dec r 22

    Codification Proposal

    '.5. Draughtsman single /Admission Universal/

    '. The greatest happiness of the greatest number requires, that from every person without exception proposed original draughts be admitted. Plan for giving the utmost practicable encrease to the number of such rival draughts.

    What is above has for its subject the characteristic nature and plan of the proposed work.

    What follows has for its subject the choice of hands for the execution of it: always remembered that the work in question is - not a body of law in its ultimate shape - in that the state in which it received the sanction of law from sovereign authority of the community, but only the original draught, drawn up in the view of its eventually receiving the sanction of law as above, after undergoing any such alteration as by that same authority shall have been made in it. To give to any such draught the force of law is to exercise the highest imperative power in the state. By the mere preparing of any such draught for the choice of those to whom that power belongs, no power at all is exercised.

    As to the choice of hands the result of the present enquiry, and is accordingly here maintained may be summarized in the first place by three short phrases

    1. That this same original draught should be the work of some one hand, and not of any greater number of hands /1. Draughtsman single - his singleness and his personality that there is but one, and who that one is being known/ The reason is - /Cause or reason -/ that in the case where there is but one hand and that hand known the danger of inaptitude on the part of the work will be obviated by a security which in the case of divers hands does not operate, if at all, with such considerable force. This security is the tutelary /guardian/ power of the tribunal of public opinion.

    2. For choice, [...?] rival works from as many hands as well each working singly. Cause or reason, taking the best chance for the best service

    3. Remuneration, for this service alone, and at the public expence, none.

    Cause or reason, on the part of the arbiter or arbiters the reward, by the opportunity afforded of serving self-regarding interest to gratifying private sympathy leads to diminution of the number of the competitors.
  • Title: [[lxxxiv. 160] 1822 Feb 7. Codification]
    Description: [lxxxiv. 160]

    1822 Feb 7.

    Codification Offer.

    40

    ?.5. Admission Universal

    Members Unapt

    Reason 2. Operating in this field they operate under the influence of a cluster /swarm/ /confederacy/ of sinister interests: of interests /efficient causes of corruption /misrule//, against the disastrous /destructive/ effect of which in the occasion in question this is the only remedy which the nature of the case admitts of.

    /Reason 2. Against the sinister influences, to which their situation stands exposed, the [?] /[...?]/ open mode is the most effectual preservation./

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  • Title: [[160-247v] 1821 Dec r 24 Codification]
    Description: [160-247v]

    1821 Dec r 24

    Codification Proposal

    '.5. Draughtsman single /Admission Universal/

    As to the choice of hands here follows expressed in the fewest words possible a general indication of the result of the present enquiry, expressed in the smallest possible number of words: an indication of the conclusions formed, together with a correspondently concise and compressed indication of the principal considerations by which these same opinions were suggested

    I. Conclusions

    1. Original Draughts, the more the better: so as to proposed alterations.

    2. For Draughtsmans service reward at the public expence none.

    3. For the original Draught, a Foreigner as such is likely to be most apt.

    4. For each original draught workman one only: it being known that there is but one, and who he is

    II Principal grounds and reasons of the above conclusions

    1. For multiplicity of competitors. The more the draughts, the greater the chance of having the best possible: and the more compleatly powerless the draughtsman is, the less his chance of his flattering himself with the hope of being able by means of his draught to give effect to any sinister interest or prejudice.

    2. For preferring a foreigner, exemption from native sinister interests and prejudices.

    3. For gratuitousness of the service, avoidance of inaptitude through favoritism, and precipitation: and of delay and final non-performance.

    4. For singleness. The more the hands, the less the responsibility: the less the force of the quondam power of public opinion upon each.

    the above are but faint anticipations. For placing all these several points in full light, considerable explanations will be unavoidable

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