1821 Nov. 11 or 12 Codification Offer '.8. Foreigner best '.2. II.

Intellectual aptitude 2. Knowledge

2. Under the head of appropriate intellectual aptitude, remains to be considered

appropriate knowledge.

In relation to this element of appropriate aptitude the native in the ordinary

state of things possesses an advantage alike obvious and unquestionable. On his

part, extent of acquaintance with the local and other particular circumstances

of the country in question is at its maximum; on the part of the foreigner, at

its minimum.

Supposing appropriate aptitude in all its other elements exactly equal on both

sides, the advantage of the native under this head would obviously and

unquestionably be sufficient to turn the scale in his favour and put an

exclusion upon the foreigner altogether.

But, for the reason already brought to view, it will have been seen whether,

individuals out of the question, and situation being compared with situation, in

the several articles of appropriate moral aptitude, and appropriate judgment the

superiority be not, and in no inconsiderable degree on the side of the foreigner

From his inferiority in the scale of appropriate knowledge, as above

particularized, no objection whatever to the placing the business in his hands

will be found to result: 1. The importance of the deficiency in his case is not

so great as it will be apt to appear 2 be it what it may, a compleat supply to

it stands assured: assured, from the authority to which his draught will of

course be referred.
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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.
  • Title: [1821. June 17. Codification Offer]
    Description: 1821. June 17.

    Codification Offer

    '.7/8/. Foreigner why

    '.3. II. Intellectual aptitude 2. Knowledge

    '.7/8/. Aptitude in all other respects equal, the hand of the draughtsman should be that of a foreigner rather than of a native.

    Appropriate intellectual aptitude, appropriate active talent, appropriate moral aptitude - as in the case of any other political function, so in the case of this one in particular once more, under one or other of these denominations will every branch and every point of appropriate aptitude be found comprisable.

    1. As to intellectual aptitude: under which head let appropriate knowledge, or, as the official phrase is, information, in addition to sound judgment, be comprehended. In the present case more particularly, it is this one of the three branches of appropriate aptitude that, to many an eye, will present a preferable claim to precedence: for how great soever may be the mischief produced by the utmost conceivable degree of moral aptitude, still it could not but be exceeded by that which might be the result of the utmost conceivable degree of conceivable intellectual aptitude, supposing the suggestions by presented /pursued/. But, in such a situation as that in question, the existence of the highest conceivable degree of intellectual magnitude is not in any the smallest degree probable:- whereas, in that same situation, the existence of the highest degree of moral inaptitude is, in every instance, but too probable.

    Under this head, so far as concerns appropriate information, an objection to every foreign hand, considered in comparison with that of a native, presents itself to the very first glance. But, when compared with the reasons on the other side, presented by the consideration of moral aptitude, all other points of appropriate aptitude being supposed equal, the force of this objection will, it is believed, be found decidedly outweighed.

    I. The deficiency not so great as it will be apt to appear. 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, to all races of men, and all times: say, in a word universally applying: others are, in different countries, in the case of different races of men, and in different times more or less different: say exclusively applying.

    In comparison
  • Title: [1821 June 11 Codification Offer]
    Description: 1821 June 11

    Codification Offer

    '.7. Foreigner why

    Upon the whole the advantages promised by the choice of a foreigner on this

    occasion, in preference to a native, may be thus summed up -

    1. In its ultimate state, the Code will be less exposed to be vitiated by

    particular and thence sinister interests.

    2 It will be less exposed to be vitiated, by prejudices, appertaining to the

    country in relation to which it obtained the force of law: he being, by the

    supposition no partaker in them.

    3. The Draughtsman being with reference to that same country a foreigner,

    whatsoever prejudices imbibed by him in his own country it may happen to him to

    be a partaker in, will not be likely to be adopted and thus made to vitiate the

    Code: and thus it is that it will have the fairest chance possible of remaining

    as clear as possible of all pernicious prejudices.

    4. So far as regards positive intellectual aptitude and active talent, a

    comparatively unapt hand will be less likely to have been employed that if it

    had been the hand a native: the foreigner having neither recommendation nor

    support other than the reputation of preeminent appropriate aptitude.

    5. After its supposed completion as far as capable of being completed by the

    foreign hand, it will be most jealously watched and searchingly scrutinized into

    than it would have been had it been the work of a native hand: and thus

    whatsoever imperfections may have place in it will be more likely to receive

    correction in such other hands as it will have to pass through.