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ÁÁ[Sheet preceding lxxxiv. 73]
Constitutional Code © discarded from
Codification Offer 3 Feby. 1822
?.5. Admission Universal. Members unapt. 1¼o: Ult¼o: Ultiss¼o.
Rulers (Monarchs and Representatives) sinister interest its Modifications © branches © instruments © manner and course of operation and effects.
Consummation /Ultimate effect/ of the Sinister sacrifice.
[lxxxiv. 73]
1821 Decr 4 Explanation
Codification Proposal
?.5. Adm<...>on Universal
Members Unapt
III. Aptitude and Inaptitude
Explanation
On this occasion to prevent misconception and that the force of the reasons may be the more clearly perceptible, explanations of a few leading terms seem altogether indispensable.
by appropriate aptitude on the part of the work in question is meant aptitude with relation to the only ultimate end which must be continually in view the greatest happiness of the greatest number, of which aptitude it is all along the business of the rationale to give indication and proof. By the explanation, the import of the property thus designated © an import which might otherwise appear indeterminate © is rendered determinate.
On the part of the work, appropriate aptitude will depend partly upon the aptitude of each distinguishable part taken by itself, partly upon ”consistency•: upon consistency of design and execution as between part and part.
As to both points, appropriate aptitude on the part of the work will depend upon appropriate aptitude on the part of the workman or workmen.
On the part of the workman, the elements of appropriate aptitude may be comprehended under these three denominations: namely appropriate moral aptitude, appropriate intellectual aptitude and appropriate active talent.
Appropriate intellectual aptitude will require to be moreover distinguished into appropriate judgment and appropriate knowledge.
By appropriate moral aptitude is here meant neither more nor less than the disposition to contribute to the accomplishment of the all©commanding and all©comprehensive end so often mentioned. It may be termed in one word appropriate probity /”probity•/. But the attribute /adjunct/ ”moral• has the advantage of pointing and leading to the consideration of the related /kindred/ attribute ”intellectual•.
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Title: [[036-136v] 1821 Dec r 4 Codification]Description: [036-136v] 1821 Dec r 4 Codification Proposal '.5. Draughtsman single '.5. The greatest happiness of the greatest number requires, that, of this original draught of an all-comprehensive body of law with its rationale, the whole be, if possible the work of a single hand. In the case of a work of the sort in question, For the property of contributing in the highest degree to the greatest happiness of the greatest number say appropriate aptitude or in one word aptitude. Suppose this great whole divided into parts, the aptitude of the whole will depend partly upon the aptitude of each part taken singly, partly upon consistency as between part and part First as to each such part taken singly and considered as a separate work. As in the case of every other literary work so in this, the materials being given or out of the question, aptitude on the part of the work will be as the appropriate aptitude on the part of the workman or workmen. Even Postponing and Setting aside the consideration of consistency, aptitude in other respects equal it can not be so entire where divers hands are as where but one hand is engaged in it. Inseparably connected with /In the case of/ a work of this sort, is a correspondent function /service/ and a correspondent service. /function./ By the execution of the sort of work in question a function is performed, and a service rendered: a function of government exercised, and a service rendered to the whole community of which the government forms a part. In relation to the work, the function and the service in question aptitude on the part of the workman may be said to consist /considered as consisting/ of three elements or to be divided into three branches: appropriate moral aptitude, appropriate intellectual aptitude, and appropriate active talent. Intellectual aptitude again may be said to consist of two elements or to be divided into branches - appropriate knowledge and appropriate judgment.
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Title: [ÁÁ[lxxxiv. 107] 1822 Jany: 20]Description: ÁÁ[lxxxiv. 107] 1822 Jany: 20 Codification Offer ult¼o ?.5 Admission Universal Members unapt The reasons which might occupy a volume are those by which the ”causes of relative inaptitude• which are inseparably attached to the situation of legislator or to take it in its whole extent of member of the body of the ruling and influential few are laid open to view: the causes, to which would require to be added the effects with which these causes are pregnant, effects the chain of which continues on /goes on in continually encreasing strength/ till it terminates in the consummation of misrule on the part of the ruling few, and of misery on the part of the subject many For the purpose of attaching something of a determinate import to the appellation of /phrase/ causes of relative inaptitude suffice it to observe that they may be summed up in the following expression The causes of relative inaptitude here in question consist in the absence of one or more of the several elements of appropriate aptitude with relation to the situation and function in question, or in the presence of their respective opposites Opposite and correspondent to the several elements of appropriate aptitude are the several parts of relative inaptitude. The elements of appropriate aptitude with relation to the situation and function in question may be thus designated 1. appropriate moral aptitude; 2. appropriate intellectual aptitude; 3. appropriate active talent. Appropriate intellectual aptitude may again be considered as divided into /having/ two branches:© appropriate knowledge and 2. appropriate judgment. The causes of these several modes /modifications/ of relative inaptitude may be thus summed up or designated: 1. sinister interest. 2. interest©begotten prejudice. 3. original weakness meaning /understand/ intellectual weakness. 4. authority begotten prejudice
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Title: [1821 May 18 /1822 March 5/ Codification]Description: 1821 May 18 /1822 March 5/ Codification Offer '.4. Draughtsman single /'.8. Singleness known/ Of all those cases, the two most likely to be exemplified, and in fact the two most frequently exemplified are the second and the fifth: from the consideration of these two the influence exercised by the circumstances in question will be sufficiently brought to view: what other variations of effect will be produced by the other So far as regards consistency, true it is that if the work be really the work of no more than one workman, what may have been the number supposed to have been concerned in it is a circumstance that makes no difference. But in comparison of those portions of aptitude on the part of the work which depend upon appropriate moral aptitude, and thence upon responsibility on the part of the workman, as above, any imperfection likely to be produced by mere want of consistency as between one part of the work and another, each of them being supposed apt with reference to its own part of the field, is a minor[?] object.
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