[036-159v]

1822 Feb. 19 Employ or Not?

Codification Offer

'.5. Admission Universal

VI.

2

The usefulness of the open mode and at the same time its undangerousness being thus

manifest, a natural question is how happens it never to have been any where in use?

Natural enough this question: nor is the answer a difficult one. In the prevalence of

the interest of rulers in the breast of rulers over the interest of subjects /the people

subject to their rule/ may be seen the solution of this as of so many other problems.

The smaller the number is of those who are admitted to the exercise of the initiative

function, the greater /more efficient/ is the power of those by whom the consummative

function /power/ is exclusively exercised. If a law or a measure be unacceptable to you,

prevent it from coming in you get rid of it with much less trouble than if after

suffering to come in you had had to apply your strength to throw it out: and the smaller

the number is of those to /by/ whom the faculty of bringing in any such law or measure

is possessed open/, the less the greatest difficulty you can experience in your

endeavours to keep it from being brought in. The most obvious and simple course is

manifestly the confining the faculty of introducing a law or measure to those on /by/

/to whom/ /all/ or on a majority of whom appertains the faculty of giving binding force

to it Give the initiative function to a single person, excluding from it at the same

time all those by a /to whom or a/ majority of whom the consummative power appertains,

you put it in his power to reduce theirs to absolute nothing. Give that same initiative

function to a single person without the addition of any such exclusion, their power is

not destroyed indeed: but still it is to a certain degree weakened.
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    Factitious Remain bad /'.5. Admission Universal/

    Not dangerous this open initiative: close must be the consummative not this.

    As in retail so in wholesale In the work /business/ of legislation, through the

    channel of the press, the initiative function may without any the slightest

    inconvenience be expressed by every body to whom it is agreable to exercise it:

    /as many as will/, without any the slightest inconvenience, and with the maximum

    of advantage. The consummative cannot with any good effect be exercised by more

    than a comparatively small number: at the utmost not by any number greater than

    that of those who, on the occasion of a discussion are capable of obtaining at

    the same time a distinct perception of every thing that is said.

    What /That which/ the universal interest therefore /accordingly/ requires, is -

    that, as above the initiative function be exercised by as many as will. But,

    that which the particular and sinister interest of every /each/ member of the

    ruling few requires is that it be confined to as small a number of hands as

    possible, so as his be of the number: and if in his hands a corresponding share

    in the exercise of the consummative function be lodged on the same time /at the

    same time/ lodged in proportion as he can contrive thus to narrow the exercise

    of /lessen the number of hands taking part in the exercise of/ the initiative

    function he gives proportionable encrease to his share in the integral power of

    legislation. Next to the having the power /function/ in their own hands alone is

    the not having to share it with any but such, at whose hands, in virtue of

    particular interest in this or that shape, concurrence may reasonably be

    expected: the /a/ small associated knot of the ruling few engrossing in their

    own hands the function of the original draught, and calling - not for rival

    draughts, but simply for observations on this one draught. If the expedients

    employed for this purpose in the case of the Spanish Legislation Committee may

    be seen in a recently published work - Benthams Letters to the Conde de Toreno

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  • Title: [[lxxxiv. 94] 1821 Decr 28 Codification]
    Description: [lxxxiv. 94]

    1821 Decr 28

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    ?.5. Conclusion

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    The several causes of relative inaptitude being thus far brought to view, the reason for the endeavour to obtain with relation to the service rival works from as many different hands as possible, works by the composition of which if received the initiative function in regard the legislation is exercised excepting or not excepting hands possessing, or sharing in, the exercise of consummative will stand upon plain and clear ground.

    1. In regard to sinister interest, a person in the powerful situation will by means of his /from the texture of the/ draught it being of his drawing possess a chance more or less considerable considerable of giving effect to it - by the person in the powerless situation this chance will not be possessed.

    2. If instead of being confined within the circle of those who are possessors of or sharers in the consummative power, the initiative be thus laid /left/ /thrown/ open to all, the chance in favour of the highest degree of appropriate aptitude on the part of the workmen and the work will be encreased: and the encrease will be as in proportion to the whole number of the individuals competent to the function in respect of appropriate intellectual aptitude and appropriate active talent is to the number of the persons among whom the consummative power is shared.

    The security thus obtained against the mode of inaptitude opposite to appropriate moral inaptitude will not by this openness of admission /universal admissibility/ be rendered compleat: because /for/ the individuals best qualified in respect of appropriate intellectual aptitude and appropriate active talent may be rendered deficient in respect of appropriate moral aptitude by the endeavour to ingratiate themselves with those on whom the exercise of the consummative power with relation to the original draught in question depends Hence the necessity of the causing the work /draught/ to be, and to be known to be the work of one and no more than one hand: he whose hand it is being at the same time known: namely that, as below, the tutelary power of public opinion may bear upon the conduct of the work with undivided and undiminished force. See ??.│   │
  • Title: [[036-109v] 1822 Jan y. 14 Codification]
    Description: [036-109v]

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    '.6. Factitious remunerat n bad

    In the case which under the sort of government in question is most likely /may at first sight seem/ to be exemplified the special remuneration plan with its evil effects as above indicated is not likely to have place. This is the case in which the original draught has for its authors a select Committee from the body of those to whom the consummative power belongs or at least the most effective share in it. But in this case the conjunct dominion of sinister interest and interest begotten prejudice and the other causes of relative inaptitude is uncontrouled and all powerful: the security afforded by the universal admission of all competitors for the initiative function being in this case by the supposition in this case excluded.

    Nor upon a nearer view, is this case so likely to be exemplified as at first sight it will be apt to appear to be. For, in the case of a proposed code of the sort in question - a Code all-comprehensive and rationalized, although the consummative power can not but be in the hands of the whole legislative body, it follows not that the preparation of the original draught must be or with propriety could be in the hands of a Committee of that same body, as such. Two years is the duration of the Anglo-American Congress. Two years is the duration of the Spanish Cortes. But, for /in the case/ a work of such magnitude as the one here in question, to say /determine/ that it shall be finished in such a portion of the term of two years as shall leave a sufficient portion for the exercise of the consummative power in relation to it would be to produce /establish/, as the in so small degree probable result either non-performance or through precipitation unapt performance or even non-performance.