date

[036-136v] 1821 Dec r 4 Codification
[036-136v]

1821 Dec r 4

Codification Proposal

'.5. Draughtsman single

'.5. The greatest happiness of the greatest number requires, that, of this original draught of an all-comprehensive body of law with its rationale, the whole be, if possible the work of a single hand.

In the case of a work of the sort in question, For the property of contributing in the highest degree to the greatest happiness of the greatest number say appropriate aptitude or in one word aptitude.

Suppose this great whole divided into parts, the aptitude of the whole will depend partly upon the aptitude of each part taken singly, partly upon consistency as between part and part

First as to each such part taken singly and considered as a separate work.

As in the case of every other literary work so in this, the materials being given or out of the question, aptitude on the part of the work will be as the appropriate aptitude on the part of the workman or workmen. Even Postponing and Setting aside the consideration of consistency, aptitude in other respects equal it can not be so entire where divers hands are as where but one hand is engaged in it.

Inseparably connected with /In the case of/ a work of this sort, is a correspondent function /service/ and a correspondent service. /function./ By the execution of the sort of work in question a function is performed, and a service rendered: a function of government exercised, and a service rendered to the whole community of which the government forms a part.

In relation to the work, the function and the service in question aptitude on the part of the workman may be said to consist /considered as consisting/ of three elements or to be divided into three branches: appropriate moral aptitude, appropriate intellectual aptitude, and appropriate active talent.

Intellectual aptitude again may be said to consist of two elements or to be divided into branches - appropriate knowledge and appropriate judgment.
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    On this occasion to prevent misconception and that the force of the reasons may be the more clearly perceptible, explanations of a few leading terms seem altogether indispensable.

    by appropriate aptitude on the part of the work in question is meant aptitude with relation to the only ultimate end which must be continually in view the greatest happiness of the greatest number, of which aptitude it is all along the business of the rationale to give indication and proof. By the explanation, the import of the property thus designated © an import which might otherwise appear indeterminate © is rendered determinate.

    On the part of the work, appropriate aptitude will depend partly upon the aptitude of each distinguishable part taken by itself, partly upon ”consistency•: upon consistency of design and execution as between part and part.

    As to both points, appropriate aptitude on the part of the work will depend upon appropriate aptitude on the part of the workman or workmen.

    On the part of the workman, the elements of appropriate aptitude may be comprehended under these three denominations: namely appropriate moral aptitude, appropriate intellectual aptitude and appropriate active talent.

    Appropriate intellectual aptitude will require to be moreover distinguished into appropriate judgment and appropriate knowledge.

    By appropriate moral aptitude is here meant neither more nor less than the disposition to contribute to the accomplishment of the all©commanding and all©comprehensive end so often mentioned. It may be termed in one word appropriate probity /”probity•/. But the attribute /adjunct/ ”moral• has the advantage of pointing and leading to the consideration of the related /kindred/ attribute ”intellectual•.
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    Opposite and correspondent to the several elements of appropriate aptitude are the several parts of relative inaptitude.

    The elements of appropriate aptitude with relation to the situation and function in question may be thus designated 1. appropriate moral aptitude; 2. appropriate intellectual aptitude; 3. appropriate active talent.

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    First then as to absolute aptitude as just explained. On the part of the draught, absolute aptitude will be as the relative aptitude of the workman or workmen by whom it is composed. As in other political situations, so in this, appropriate aptitude divides itself into three branches: appropriate moral aptitude, appropriate intellectual aptitude, and appropriate active talent: and in the case of intellectual aptitude appropriate knowledge and appropriate judgement may require to be distinguished.

    As to appropriate moral aptitude, in the present case it consists in neither more nor less than the disposition, so it be the effectual disposition, to take from first to last for the object pursued in and by the work, the all-comprehensive and only justifiable end so often mentioned.

    It is this which in the order of importance and thence of regard claims the first place: for wherever /in so far as/ in this shape aptitude is deficient the work may, instead of coming near to that end, be found to have been made to diverge from it but the further, by any extraordinary degree of appropriate aptitude in those other shapes. If so it be that, has among its objects, the formation of some particular interest - and this at the expence and by the sacrifice of the greatest happiness of the greatest number, the more consummate the aptitude of the workman in respect of intellectual power and active talent in relation to that end, the more extreme will be that sacrifice.