date

[036-201v] 1821. May 12. Codification
[036-201v]

1821. May 12.

Codification Offer

'.10 Offer /Draughtsman Gratuitous/

Reward refused why

subjected to a proportionable diminution. Suppose the shape of it that of an annuity or fixed salary, to continue during the time the workman was occupied in the work, the reward would, in this case also, be a bounty upon delay: and in this case likewise, interest set in opposition to duty

True it is that if reward in any such shape were necessary to the obtainment of the service, this being supposed, by a sort of mixture of the present with the future - of antecedent or concomitant reward with future contingent and subsequent - by a mixture of this sort, if made in apt proportions, the objections abovementioned might, in good measure, if not altogether, be removed.

But even suppose this effected, the consideration of the situation of the hand or hands from which alone, in any case, the reward would be to be received, presents another circumstance, that would be in a state of incurable /irremediable/ opposition to the goodness of the work itself: of the work itself, or, at any rate, to the ultimate receipt of the service intended by the execution of it.

1. In any representative democracy, as yet in existence, scarcely would the operative rulers think of accepting, at the hands of any individual with the intention of taking it into consideration, any such work: not even if proffered ready made; much less of giving, or offering, any reward for the setting about and framing any such work.

2. In a Monarchy, absolute or limited, by the Monarch no work, on the subject in question, directed to the end in question could consistently with the unchangeable nature of man, unless in the extraordinary case of a desire to abdicate, be wishes for: wished for, either by the Monarch, or by any other individual, acting in conformity to his wishes: for no work, directed to any other end, than that of the sacrifice of the greatest happiness of the greatest number, without any sensible sacrifice of the particular interest of that one, could acceptance, and thereby usefulness, be reasonably expected. Here, then, would be a temptation, by which the workman would be continually excited, either to take for the entire purpose of his labours, an improper purpose, or, in this or that matter of detail, on this or that particular occasion, to be continually turning aside from the only proper, to this or that particular improper, purpose. Let the temptation even experience a resistance ever so compleat and effectual, still the fact of its effectiveness could not, in the nature of the case, be universally or generally matter of notoriety. By the suspicions which, in this state of things, it would be impossible altogether to wipe away, even if acceptance were not prevented, that esteem, on which the goodness of the service done by the production of the work so materially depends, would unavoidably be lessened.
Similar Items
  • Title: [1821 July 12 Codification Offer '.9. Draughtsman]
    Description: 1821 July 12 Codification Offer '.9. Draughtsman gratuitous

    In and by all this, no such position is meant to be asserted or insinuated, as

    that, - all-comprehensive or not, furnished or not with a rationale as above - a

    Code whereby, in proportion to its extent, real law were substituted to the

    imaginary and sham law called Common or Unwritten Law - a rule of action more or

    less approaching to certainty to one completely and everlastingly uncertain -

    would not be a beneficial work: nor yet that if no workman of good promise,

    content with the natural and inseparable reward, and thence serving

    gratuously[?], could be obtained for the work, factitious reward might not in

    any case be employed for the production of it: all that is meant is - that

    supposing all factitious reward excluded, a much better chance for the maximum

    of appropriate aptitude in every shape - on the part of the original workman and

    thence ultimately on the part of the work - will be obtained, than would have

    place if factitious reward in any shape were superadded: a greater number of apt

    candidates with their respective productions would be likely to offer

    themselves, and the best chance of acceptance would be possessed by the best

    work.

    How should it be otherwise? - In the case of paid service, the eye of the

    workman would be fixt upon those from whom the payment would be looked for: in

    the case of gratuitous service it would be fixt upon the public at large - upon

    the whole body of the citizens in their quality of Electors: upon those on whose

    good opinion the Judges of the contest would be in a state of dependence: in the

    one case the exertions of the workman would to a greater or less extent, be

    unavoidably directed, to the advancement of this or that particular and thence

    sinister interest at the expence of the universal interest: in the other case

    they would in an undivided manner be directed to the advancement of the

    universal interest. They would have it is true, for their object the rendering

    the work ultimately conformable to the public will: but at the same time by the

    influence of the rationale on the public understanding, to the endeavour they

    would add the hope of bringing the will of the public as near as possible to a

    conformity with the interest of the public.
  • Title: [1821. Novr. 10. Codification Offer]
    Description: 1821. Novr. 10.

    Codification Offer

    Abridgmt

    '9. Draughtsman gratuitous

    be sufficiently manifest that, in the case in question, competition would have for its object - for its principal object at least - not the service but the reward - that, in the bestowing of the appointment, or of their vote and influence towards it, the patrons would have more regard, each of them, to his own good wishes in favour of his protegé, than to the goodness of the service. Of his own good wishes, neither perfect understanding nor perfect care would be in any danger of failing: not quite so sure can be - either the goodness of his judgment respecting a man's aptitude for the service, or his regard for that same service.

    The factitious reward being thus announced, announcement of the natural reward,

    as above described, would or would not be added to it: if not, the factitious

    reward would alone be thought of : if yes, then, as will be seen presently, then

    would the factitious reward be needless; and being, as above, pernicious, worse

    than useless.
  • Title: [[036-194v] 1821 Nov. 23 Codification]
    Description: [036-194v]

    1821 Nov. 23

    Codification Proposal

    Abridgm t

    '.9. Draughtsman gratuitous

    III On the part of the work, on the one hand comparative inaptitude through precipitation, or on the other hand needless and useless delay up to final non-execution, according to the mode in which the pay is connected with the looked for service.

    Apply the pay in one way, the work suffers for want of time to do it well in: apply the pay in another way, the work lingers, and for a time more or less considerable the benefit of it is lost; apply it again in another way, the pay is continually received, and the work never executed.

    1. The work suffers for want of time to execute it in, - if, a time being fixed, after which no draught shall be received, the interval allowed is not sufficient for giving to the work that degree of aptitude which a greater length of time would have given to it: the ablest workman either shrinks from the work, or by haste is prevented from giving to it that degree of aptitude, which, in a greater length of time he would have given to it:

    2. The work will be apt, - not to say will be sure, to linger - if the reward, in the shape of pay, and in all shapes taken together be so ordered, that the workman sees more profit for himself by delay than by dispatch

    3. The work will never be executed at all if the connection between reward and service be so formed, that, on the completion of the work, the condition of the workman would, instead of being bettered be or be in danger of being rendered worse.

    An example of this last arrangement, and of the effect of it may serve for the second likewise. Before me