date

1822 Feb. 10 Constitutional Code
1822 Feb. 10

Constitutional Code

Supreme Constitutive who

'2. Means of Government

The happiness of all the governed of the subject many will at all times it is manifest be in a great degree dependent on the conduct maintained by the governors, by the ruling few in the exercise of the powers of government as above particularized. As On every occasion His own greatest happiness is the object or end towards which the exercise of the active faculties of every individual during every moment will be directed, so on this occasion: the causing those individuals to be in the situation of the ruling few by whose conduct in such their situation his own happiness will according to his judgment be most effectually promoted /encreased/.

If there was any other individual or set of individuals by whose conduct in the exercise of the powers of government the abovementioned only right and proper end of government were in a greater degree likely to be in a greater degree promoted /fulfilled/ than by the greatest number as above such other individual or individuals would be those in whose hands the principle of the greatest happiness would require that the exercise of those same powers should be lodged /performed/. But these are not nor in the nature of man can be any such other individual or set of individuals. Take for example any one such individual: to the giving every possible encrease to his own happiness whatever becomes of the happiness of others would the exercise of the powers of government in his hands be during every moment of his time be directed. But in propor[tion] as his own happiness received encrease would the aggregate happiness of all the governed be diminished.
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  • Title: [1822 Feb. 10 Constitutional Law /Code]
    Description: 1822 Feb. 10

    Constitutional Law /Code/

    Supreme Constitutive who

    '2. Means of Government

    In comparison of the governed the governors must in every community be a small number - for those by whom the operations of government are carried on can not during that time be carrying on operations of any other sort: those excepted by which the individual and thus by which the species are preserved. For the greatest portion of the labouring time of the greatest number must at all times be employed in the securing of the means of subsistence to the whole

    By whom then and how shall this distinction be made? By what cause or causes shall it be determined who at each moment shall be the governor, and who the governed?

    The greatest happiness of the greatest number requires that be the governors who they may - be the powers of government exercised by them what they may, it is by /of/ the will of the governed that during each moment their existence in that situation should be he result:- that is to say that after having been placed they should at certain intervals of no great length be displaceable by the governed.

    The governed can not all of them be at all times exercising the immediate powers of government, as above specified /particularized/ but at stated times they may all of them exercise the functions of declaring who the individuals shall be by whom those same immediate powers shall be exercised.
  • Title: [1822 Feb. 10 Codif/Constitutional]
    Description: 1822 Feb. 10

    Codif/Constitutional Law/

    Supreme Constitutive who

    '2. Means of Government

     This comes immediately after '.1. Government what - ends of government proper and sinister

    '.2. Means of Government - means best adapted to that end

    The powers by the exercise of which government is carried on can not be exercised by all in the same manner at the same time. To say /Any such proposition [...?]/ that is the best government in which the powers of government are all of them exercised by all the members of the community at the same time would be a self-contradictory proposition - by it would be asserted the existence of a government and at the same time in the same community the non-existence of all /any /government.

    The exercise of the powers of government consists in the giving of directions or commands injunctive /positive/ and prohibitive and incidentally for securing compliance through administering /applying/ rewards and punishments and rewards

    In and by every such exercise is implied the separation of the members of the community at each point of time is implied a separation of the whole number of the members of the community into two classes: namely the governors and the government: the rulers and those over whom rule is exercised.

    But though consistently with the continued existence of government it is not possible /impossible/ that the separation should as to the two classes themselves be otherwise than perpetual /short of perpetual,/ not so is the existence of the same individual in both those classes so it be at different points of time: of each class the whole population might migrate into the other: Those who are all of them governors at one moment may be all of them governed and not governors during the second moment: while those who are governed during the first moment may be all of them governors during the second moment.
  • Title: [[clx. 439] 1822 July 26 Constitut]
    Description: [clx. 439]

    1822 July 26

    Constitut. Code

    On the principle of self-preference the effect is - that, as in every other situation so in that of ruler, generally speaking a man pursues his own happiness in preference to that of all other individuals put together: in preference to, and thence in so far as competition has place to the sacrifice of their happiness

    The interest by which as being a member of the community in question he is prompted to take for his end and object of pursuit the greatest happiness of the greatest number may be termed his right and proper interest

    The interest by which he is prompted to take for his end and object of pursuit his own interest to the sacrifice of the interest of the other members of that same community may be termed his sinister interest

    In so far as he is considered as bound to take for his end in view the greatest happiness of the greatest number or the happiness of any individual or individuals other than himself, his power is said to be given to him in trust: in trust namely in the trust or confidence that it is to their happiness that the exercise of it will be directed: or shortly his power is said to be a trust.

    In so far as instead of being directed to the production of the happiness of the greatest number it is to the production of his own happiness or that of some smaller number to the sacrifice of the greatest happiness of the greatest number that the exercise of such his power or trust is regarded as being directed, such trust is said to be broken or violated the line of conduct pursued by him is said to be pursued in breach or violation of such his trust.