JB_160_281V.xml

Title: [[160-281v] 1821. June 18. Codification]

Description: [160-281v]

1821. June 18.

Codification Offer

'.8/10/. Foreigner why

'.3. II. Intellectual aptitude 2. Knowledge

in a genus of injury, to which, in every country, men of every race, stand at all times, exposed.

Thus a corporal injury will be an injury every where, and to every human being. But, in Hindoostan, for example, to the feeling of a certain race, corporal injury is produced, by a species of contact, by which no injury w d. be produced in any part of Europe.

So again in regard to simple mental injuries: including so many various forms of as yet undenominated injury, which have their seat nowhere but in the mind. By a portion of audible discourse, or by a visible exhibition, by which contempt is expressed, for opinions, to this or that effect, entertained in relation to religion,- pain of mind is liable to be produced. According to the amount of it, in the case of pain produced from this source, as in the case of pain produced from any other, the act, by which it is produced, may, under certain circumstances, be with propriety regarded and dealt with as injurious every where: but in some countries, and in the case of some persuasions on matters of religion, the description of the thus injurious discourse, or exhibition, will be of one sort: in others, of another.

Of the distinction between those universally applying and those exclusively applying circumstances, the above examples will, it is hoped, be found to afford a conception sufficient for the purpose. The distinction is capable of being carried, and in the proposed Code will of course be carried, throughout the whole field of legislation. In this place, to pursue it further, would be to force, so much of the matter belonging to the proposed Code, into a slight preliminary sketch extraneous to it.

Such being the distinction, now for the application of it to the case in hand. Of whatsoever country the draughtsman be a native, those circumstances, which are of universal occurrence and applicability, may be equally and perfectly present to his notice. For those shades of difference, which are peculiar to his own country, the native, as compared with the foreigner, will be - if not exclusively, at least preferably, qualified. But, suppose two men, the one a foreigner, the other a native, and the foreigner more freely conversant with the circumstances of universal occurrence than the native, and in all other particulars, better qualified for making, throughout the whole field of legislation, that provision, which those same circumstances require,- this supposed, that which without much difficulty may happen, is - that even in regard to these sam particular circumstances, it may be in his power to afford to the work a degree of aptitude such as but for him, could not have been possessed by it.

114-021v.xml

Title: [[114-021v] 1821. April 1 Codification]

Description: [114-021v]

1821. April 1

Codification Offer

'7 Foreigner why

Of the circumstances on which the demand for legislation, and the nature of the course required to be taken by legislation depends, some are common to all countries;- say in a word universally applying; others are, in different countries, more or less different: say exclusively applying. In comparison of those which, resulting from the nature of man in general, and of the general nature of the planet on which he exists, and from which he derives his subsistence, and which, accordingly, have place in all countries, those which are peculiar to different countries, and different races of their inhabitants are, in respect of the extensiveness of their application, and their relative importance, but inconsiderable. The great outlines which require to be drawn, on the field of legislation, by the hand of the legislator, will be found to be the same for every territory, for every race, and for every time: only in this or that territory, only for this or that race, only for this or that time as distinguished from this or that other, will the filling up of those lines be found to require to be, on this or that point, more or less different. In every country, and for every race, at every time,- of the all-comprehensive and only defensible end - the greatest happiness of the greatest number - of the four most comprehensive particular and subordinate ends - viz. subsistence, abundance, security and equality, with their several divisions and sub-divisions, will the description be found the same: Only of the means best adapted to the accomplishment of those great ends, in this or that country or for this or that race, at this or that time, will the description, in this or that particular, be found in a greater or less degree different.

JB_012_077v.xml

Title: [1821. April 2 Codification Offer]

Description: 1821. April 2

Codification Offer

'7 Foreigner why

3. A third circumstance which should never be let slip out of mind, is - in

regard to the circumstances by which a demand for legislation is created, or

liable to be created, the distinction which has been already brought to view,

between those which are common to all countries, and those which are peculiar to

this or that country in particular: and in regard to these last, the reasons

which have been given in support of the conclusions that in comparison of the

former they are in pint of extent and thence in point of importance plainly

inferior and subordinate.

If so, ir follows that by attention, rightly bestowed upon the circumstances of a

universal complexion, there is nothing to hinder a person born and bred in a

foreign country, and who has never set foot in the country for which the Code is

in contemplation, from being better qualified for the drawing up of a Code, even

for that country, than any person who, having been born and bred in that same

country, has never set foot out of it.

But if equally well qualified in respect of appropriate intellectual aptitude,

and appropriate active talent, in respect of appropriate moral aptitude or

appropriate probity, the appropriate aptitude possessed by a foreigner is beyond

comparison greater than any that can have place in the situation of a native.

The native, by whom the sort of Code in question is drawn up, will either be a

person possessing a share in the powers of Government under the form of

Government at that time existing in the country, or a person acting under the

command of those by whom those powers are shared: in either case, to the desire

he can scarce fail to add the hope, and thence the endeavour, to sacrifice to an

interest of his own, the interest and happiness of the greatest number in that

country.

A foreigner, howsoever in other circumstances, he might have had the desire, can

not, unless gained over by the rulers of that country to their interest as

above, entertain any such hope, nor consequently be occupied in any such

endeavour.