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1821. May 12 /Nov. 27/ Codification Offer Draughtsman gratuitous /Offer why?
'.8. Foreigner/ Reward refused - why If any where, enter this under '. Offer
As to terms of service, by the considerations above brought to view, and by
those alone - all of them deduced from the observation of the influence of the
reward in question, on the aptitude of the service for the extraction of which
it is employed - by the above sober considerations, suggested as they have been
by the principle of general utility alone, and not by any unreflecting or
hypothetical sentimentalism, has the veto thus put upon factitious reward been
produced. To the value of money the author, for his part, is no less sensible,
than those are, who, for the procurement of it, are so ready to consign men by
thousands to sudden death by fire and sword, and to lingering death by taxation
and its offspring famine. With unfeigned gratitude he would accordingly,
supposing the work compleated, accept, from willing donors, individually and
separately, from each of them money to any amount, from the lowest denomination
of coin to the greatest sum which without prejudice to the well-grounded
expectations of others, the donor would take pleasure in their disposing of:-
supposing it at the same time sufficiently ascertained that if not thus, it
would be unemployed in some way or other in purely personal gratification and
not in any other work of public or private beneficence. Not a ribbon, of the
number of those which are worn about men's shoulders - not a ribbon of that
sort, of any colour, from any hand, would he refuse bowing for, it being by
those presents declared that, in his opinion, the greatest happiness of the
greatest number would be much the more effectually promoted were all such
instruments of and false testaments of meritorious service dragged through the
kennel in the lump, in their way to the hangman's fire, than by being bestowed
in requital of the most meritorious service for which reward in this shape was
ever granted. Only in so far as those, at whose expence it would have been
bestowed, would be averse to the seeing it thus bestowed, does aversion to
reward in any shape maintain a place in his mind.
In[?] this department the function in the particular case in question is
confined to the production of a certain literary work. To constitute appropriate
aptitude with reference to this function appropriate aptitude on the part of the
workman in the highest possible degree no other endowments are necessary than
what are sufficient for the giving the utmost possible degree of aptitude to the
work. the work itself is the test of its own aptitude Remains the Executive
department. Apply the enquiry to the several branches of it. In each branch
whether for the perfect execution of the function belonging to it the
composition of a literary work be or be not applicable as a test of aptitude on
the part of the functionary[?], other endowments are necessary. Of the
possession of
Even in the legislative department, on the part of those to whom the function of
final sanctionment belongs endowments are indeed necessary of the possession of
which the composition of a literal work can not afford a test namely /in
particular/ knowledge of the circumstances peculiar to the country and knowledge
of the state of opinions and affections at the time in question, on the part of
the people. But these are endowments which the possession of which is as above,
not necessary on the part of the author of the original Draught. of which it is
not in the nature of any literary work to afford any sort of test. In everyone
of those cases other endowments are necessary other endowments, of the
possession of which no test can be afforded approaching in probative force to
that with which proof may be made in the case of legislation by the composition
of a literary work.
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Title: [[114-028v] 1821 May 11 Codification]Description: [114-028v] 1821 May 11 Codification Offer '. Draughtsman gratuitous /'.10. Offer/ By the above considerations alone - all of them deduced from the observation of the influence of the reward in question on the goodness of the service it is employed for the extraction of - by the above sober considerations alone, and not by any unreflecting sentimentalism has the veto thus put upon reward been produced. To the value of money the author is no less sensible, than those are who for the procurement of it are so ready to consign men by thousands to speedy death by fire and sword, and to lingering death by famine. With unfeigned gratitude he would accordingly, supposing the work compleated, accept from willing donors individually and separately, contributing, money from each to any amount from the lowest denomination of coin to the greatest sum which any individual could take pleasure in thus disposing of. Not a ribbon of the number of those which are worn about men's shoulders - not a ribbon of that sort, of any colour, from any hand, would he refuse bowing for it being previously understood, that in his opinion the greatest happiness of the greatest number would be much the more effectually promoted were all such ribbons dragged through the kennel in the lump and then burnt by the hands of the common hangman, than by being bestowed in requital of the most meritorious service for which reward in this shape was ever granted. Only in so far as those, at whose instance it would have been bestowed would be otherwise than desirous to see it thus bestowed, does aversion to reward in any shape maintain a place in his mind.
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Title: [1821 Nov. 12 Codification Offer '8. Foreigner]Description: 1821 Nov. 12 Codification Offer '8. Foreigner best '.7 III. Active Talent /IV Tout ensemble/ None but the best eligible Legislative affords better test than Administrative Much nearer to the case of the department of legislation taken thus in the whole of its extent comes the case of the department of finance. Here, how far so ever from conclusive, indications capable of being furnished by a literary work having the field of this department for its subject can not be denied to be capable of composing an instructive test of appropriate aptitude. See at the same time how far, in this instance the most instructive test which all such indications taken together are capable of affording in proof of appropriate aptitude is from being conclusive. Suppose on this part of the field of legislation a work produced, surpassing all that till then had appeared in that filed as the work of Adam Smith on political economy surpassed all that down to that time had appeared. From this work taken by itself could it with any thing like adequately grounded assurance be affirmed, that with reference to the situation of Minister of Finance, appropriate aptitude taken in all its parts put together is in the person of the author of this work greater than in the person of every other man capable of begin thought of for the office in comparison with him? Could it with the like assurance be so much as affirmed of him, that, absolutely considered, he is in any tolerable degree capable of discharging the functions of the situation? No: that it could not. For, in a situation such as that in question, besides the faculty of producing a literary work, howsoever closely relevant, and transcendently excellent, many are the other endowments requisite, in respect of any or all of which it might happen to the author of such a work to be deficient: take for example probity, activity, assiduity, dispatch, fortitude to resist sinister pressures, good temper, steadiness, consistency, presence of mind, faculty of giving oral and extempore expression to the contents of his mind. Instead of the ordinary function of a Military Commander by land or sea or that of Finance Minister take now the extraordinary function of legislative Draughtsman in the first instance to be exercised by the penning of a suite of Codes composing together a compleat body of law. By outlines already given of the sort of work in question taken in all its parts or though it were in only some of its parts or though it were be detached works applying to this or that part of the whole field suppose a man to have made proof of a degree of appropriate aptitude superior to any that had till then been manifested itself in that field superior in the same degree as that manifest as above by Adam Smith, or though it were but in an inferior degree. After the sort and degree of appropriate aptitude thus manifested, what further evidence could be wanting to prove on his part the degree of appropriate aptitude, absolute and comparative, sufficient for the determination of the choice? Unless by any thing that had transpired it has been proved that since the publication of the work or works in question whatsoever appropriate aptitude was at that time possessed by him had been made to cease, the proof already would remain conclusive. Look over all the several endowments just stated as being in demand for the situation of Finance Minister, they might all be wanting, unless it were in an extraordinary degree activity and assiduity, and still with reference to the work in question his aptitude might remain not only adequate but unrivalled. Lastly
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Title: [[036-103v] 1821 Nov 28 Codification]Description: [036-103v] 1821 Nov 28 Codification Offer '.8. Foreigner best The service by the rendering of which the initiative function would in the case /with reference to the body of law /work// in question be rendered is the composition of a proposed Code in possession of the properties here in question: a Code all-comprehensive and rationalized. Of aptitude for this service the most apposite evidence and conclusively probative test would be a work of this description already executed: a work in the composition of which the universally applying circumstances had been taken into consideration and put to use, with or without the specially /locally/ applying circumstances appertaining to this or that particular country or nation. But of a test of aptitude was thus describe no example hath as yet ever made its appearance. Least widely distant from this description is the body of law composed of the Codes drawn up and sanctioned under the orders of Bonaparte. But as to all-comprehensiveness to the putting the work in possession of this property no endeavours appear to have been directed. By the whole Taken together a larger portion of the field of law appears to have been covered with law than had ever been covered with that matter /law/ in any former instance but as to /to/ the tracing an outline of the whole field, and shewing that a covering had been provided for, no signs of any such endeavour are to be found. /have presented themselves./ As to the /a/ rationale, an interwoven rationale neither has this ingredient /any document /instrument/ of this sort/ been provided. To some parts /portions of that body/ there are some loose observations hanging as it were in the region of the clouds, but nowhere is any particular and direct application of them.
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