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27 Jan y 1808
Codification Offer
A native having but personal connections in the country, and those connections their particular and separate interests, with the prejudices that may have been begotten and fostered by those sinister interests would in the execution of such a work be[?] exposed to the temptation of consulting /favouring/ to the prejudice of the general interest of the whole community, those particular interests and prejudices, or at any rate, what comers to much the same thing, to the suspicion of it.
To speak mor particularly /In particular for example/ - Among natives no men would think of engaging in such a task /a task of this sort would never be undertaken for by any man/ , who was not a professionally bred lawyer: viewing consequently in that work his most intimate associates and familiae friends. But the interest of lawyers of all descriptions in the character of suitors and persons liable to become suitors on the other hand being directly opposite, it would be impossible for him to serve /not in their ground as a faithful servant to/ the community at large without noting with proportionable efficacy /efficiency/ in the character of an adversary to those with whom on the supposition no question has been passed and the [...?] part and naturally wishes to continue to pass his life /the remainder of his days/.
Unembarrassed by any such ties, a foreigner in his endeavours to render /serve/ himself unfit to the community in question in this law[?] of service, would have no such sacrifices to make.
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Title: [[036-161v] 1821 May 18 Codification]Description: [036-161v] 1821 May 18 Codification Offer '.4. Draughtsman single In this case, in so far as, in the eyes of a personage of such transcendent dignity, it may have been worth his while to bestow any attention on such a subject, it is by his individual interest as pointed out by his appetites and passions it is by that his sinister interest as in the case of any powerless individual it would be denominated, together with as many other particular and sinister interests as it may please him to admitt into a participation of the benefit by such his interests in conjunction with his prejudices and including those other interests, prejudices and weaknesses just spoken of that the substance of the several arrangements will of course be determined. To this cluster of sinister interest, prejudices and weaknesses, will the greatest happiness of the greatest number, in so far as any competition has, or is supposed to have place, be of course mad a continual sacrifice: the only points in respect of which no such sacrifice, if any, which by the draughtsmen have been proposed to be made of the sinister interest of his employer to the greatest happiness of the greatest number have escaped his view. As to the workman added by him to the sacrifices made of the universal interest, as above to the will, anticipated or declared, and thence to the sinister interests, prejudices and weaknesses, of his imperial or royal master, will of course be as many more as he can contrive to steal in, at the suggestion of his own sinister interests, prejudices and weaknesses, for his own benefit and accommodation, together with that of nay such individuals connected with him in the way of self-regarding interest or sympathy, as, on this occasion it may please him to take under his wing: more particularly all such as, in any apparently safe shape may to the disposition add the means, of making adequate demonstration of their gratitude.
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Title: [1821 Novr 28 Codification Offer '.8. Foreigner]Description: 1821 Novr 28 Codification Offer '.8. Foreigner best Right and proper interest a foreigner is susceptible of March 3. 1822. Not material this and the next page. No matter what the state of interests is in the foreigner's case. Admission being universal each draught will be judged by itself To /For/ the claim /title/ of the foreigner the mere absence of sinister interest affection and prejudice would not suffice to secure a ground of preference, unless there were /if some/ interest favorable to that of the greatest number of /in/ the community in question could not be shewn to be by the very nature of the case implanted in his breast. To compleat his title to preference, in his breast planted there by the nature of the case must be an interest identified /identical/ with that of the greatest number in the community in question, and not over powered by any stronger body of opposite interests. But neither in the nature of the case can this indispensable interest be in his instance wanting. In his situation /instance/ the /all/ possibility of giving effect to any sinister interests affections or prejudices is excluded; the instrument by which it is excluded, is in conjunction with the rationale which by the supposition must be found by him that rationale in which the very author of it be he who he may will find a most efficient bridle - the consummative function which by the supposition is in the hand of a body of natives, a select body of the ruling few chosen by the subject many whose lot is placed in their hands. It is not therefore by any such desire because it is not by any sensible prospect /hope/ as that of succeeding in the endeavour to serve himself at the expence /charge/ of the community in question /as the doing of mischief desire of serving himself at the expence of the community in question/ that he can be actuated. engaged in /determined to devote himself if permitted/ the task in question. But by the supposition he is so /thus/ determined: conclusion is an uncontrovertible one: it must be by the desire of serving himself by means of service done by him to /serving/ that same community. And this desire whatsoever it be, can not in point of intensity be an inconsiderable one. It will be correspondent and proportioned to the magnitude of the labour necessary to the rendering of this same service: and as this magnitude, it can scarcely fail to be sufficiently visible to all eyes.
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Title: [1821 Nov. 11 Codification Offer '.8. Foreigner]Description: 1821 Nov. 11 Codification Offer '.8. Foreigner best '.2. II. Intellectual aptitude I. Judgment II. Next as to appropriate intellectual aptitude. On the present occasion this element of appropriate aptitude will require to be further decomposed: decomposed into appropriate judgment and appropriate knowledge. 1. In regard to appropriate judgment, on the occasion of the question as between a single hand and divers hands, mention came to be made of the erroneous tracks into which the pen of every such Draughtsman stands exposed to be led by prejudice in different shapes: thence probability of correspondent aberration on the part of the work from the all-comprehensive end so often mentioned. These prejudices will to a large extent be of a local nature: peculiar in degree of strength at least if not in kind to the country in question. From the influence of these causes of error, while the native labours under it, the foreigner stands free. The foreigner will have his prejudices to contend against, and in particular his local prejudices. But here, as in the case of interests and affections, while those of the natives will find support in the prejudices of all around him, for those of the foreigner not only will there be no such support but there will be opposition, by the supposition from reasons, and moreover from counter prejudices.
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