date

1821. Novr. 28. Codification Offer. '.8 Foreigner
1821. Novr. 28. Codification Offer. '.8 Foreigner best. The most corrupt men

on earth are the [...?] [...?] English Judges: if not corrupt to those who by

corruption /[...?]/ are[?] what[?] [...?] the [...?] [...?]

been in the habit of seeing themselves made: here then came in that work not of

choice but of necessity - real or supposed. Under this necessity, to save men as

far as may be from being put to that use, cords are provided for his hands. But

the man thus made is a Sampson: and the cords provided are those by which, for a

time, Sampson was incommoded.

From all this, it seems sufficiently evident, that, from any adoption, however

extensive, given in the instance of that particular Constitutional Code, to a

Code, the original draught of which was composed by the hands of natives, it

follows not that, in the case of a suite of Codes, Penal, Civil, and

Constitutional, furnished each of them with an interwoven rationale, the

circumstance of the original draught's having had a foreigner for its author

would be the less likely, to give, to the acceptance of it on the part of other

nations, the superior facility above supposed.
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    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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    their hands, no particular and thence sinister national interest or affections,

    no national prejudices to be truckled to: no homage from nation to nation to be

    paid: no national self-limitation in any shape. In the instance of each │ │

    nation, by the amount of the obstacles of this sort thus excluded, will the

    chance which the Code has of obtaining adoption be encreased.

    Take now the work of the native. In this, it is true, here as before, we must

    suppose the end throughout pursued, the all-comprehensive and only defensible

    end - the greatest happiness of the greatest number - so often mentioned. In

    this case, too, as in those others, we must suppose the existence of that

    exclusively efficient security for aptitude on the part of the work - a

    perpetually interwoven rationale. Still, however, after every thing which by the

    obligation of giving admission to this security can have been done towards the

    existence of these efficient causes of inaptitude has been done, still to an

    amount more or less considerable, they will actually have been left to operate

    upon the work, and in the texture of it will have given birth to these

    pernicious effects. But, to the present purpose, the question, is - not merely

    of those same pernicious effects, what portion will actually have been produced

    in the work, but by the other nation what portion of them will naturally be

    supposed to have been produced in the work, and to have place in it accordingly.

    To this question, the nature of it considered, it will in any instance not be

    possible to find any precise answer. But that which to the present purpose is

    sufficient, may be affirmed with full assurance: and that is, that by a work,

    produced under the influence of particular and thence sinister interests and

    prejudices, national as well as individual, and this without the benefit of any

    check or corrective applied by any one in any shape.