date

[lxxxiv. 95] 1821 Dec 28 Codification
[lxxxiv. 95]

1821 Dec 28

Codification Proposal

Admission Universal

III. Aptitude and Inaptitude

Chart of the course of

Misrule

Hitherto /As yet/, and perhaps in every instance without exception where any considerable body of law has been proposed for sanctionment, it has been the work either of some person or persons possessed of legislative power in the whole or in part: a person or persons to whom by himself or themselves, with or without the concurrence of another or others, or of some person or persons acting in subordination to a person or persons circumstances as above: he or they by whom /in whom/ the whole power of sanctionment or a share in it is lodged being the person or persons by whom or under whose orders /direction/ the original draught is to be /has been/ penned, more concisely the initiative there exercised being confined to /exclusively possessed by/ a person or persons possessing or sharing in the consummative power or say the confirmative function /power/

Such is the practice In opposition to this practice, the new principle here advanced, is - that all persons so situated /circumstanced/, are as such, in a preeminent degree less fit than any persons not /if they were not/ so circumstanced. That accordingly the function consisting in the rendering to the community the sort of service rendered by the penning of the original draught of such a body of law ought to /should/ be an object of competition - of universal competition, all persons without exception being at liberty each of them to send in a draught for this purpose: the choice as between draught and draught being to be made by a person or persons possessing or sharing in the consummative power with relation to such original draught: and if all persons possessing or sharing in the same consummative power were excluded from the faculty of sending in draughts of their composition respectively, the security against inaptitude would be still more perfect.
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  • Title: [[lxxxiv. 94] 1821 Decr 28 Codification]
    Description: [lxxxiv. 94]

    1821 Decr 28

    Codification Proposal

    Admission universal

    ?.5. Conclusion

    Reasons for universal

    admission

    The several causes of relative inaptitude being thus far brought to view, the reason for the endeavour to obtain with relation to the service rival works from as many different hands as possible, works by the composition of which if received the initiative function in regard the legislation is exercised excepting or not excepting hands possessing, or sharing in, the exercise of consummative will stand upon plain and clear ground.

    1. In regard to sinister interest, a person in the powerful situation will by means of his /from the texture of the/ draught it being of his drawing possess a chance more or less considerable considerable of giving effect to it - by the person in the powerless situation this chance will not be possessed.

    2. If instead of being confined within the circle of those who are possessors of or sharers in the consummative power, the initiative be thus laid /left/ /thrown/ open to all, the chance in favour of the highest degree of appropriate aptitude on the part of the workmen and the work will be encreased: and the encrease will be as in proportion to the whole number of the individuals competent to the function in respect of appropriate intellectual aptitude and appropriate active talent is to the number of the persons among whom the consummative power is shared.

    The security thus obtained against the mode of inaptitude opposite to appropriate moral inaptitude will not by this openness of admission /universal admissibility/ be rendered compleat: because /for/ the individuals best qualified in respect of appropriate intellectual aptitude and appropriate active talent may be rendered deficient in respect of appropriate moral aptitude by the endeavour to ingratiate themselves with those on whom the exercise of the consummative power with relation to the original draught in question depends Hence the necessity of the causing the work /draught/ to be, and to be known to be the work of one and no more than one hand: he whose hand it is being at the same time known: namely that, as below, the tutelary power of public opinion may bear upon the conduct of the work with undivided and undiminished force. See ??.│   │
  • Title: [[lxxxiv. 90] 1821 Decr 28 Codification]
    Description: [lxxxiv. 90]

    1821 Decr 28

    Codification Proposal

    ?.5. Draughtsman Single

    /Admission Universal/

    III. Aptitude and Inaptitude

    Chart of Misrule

    That the usefulness and importance of an exclusion so compleatly the reverse of /diametrically opposite to/ that which as yet has unfairly had place may /might/ be the more clearly understood /conceived/ and more [...?] comprehended, a thing to be desired would have been a compleat exposition /exposure/ of the several causes of relative inaptitude which have place in the case of all the several diversifications /modifications/ of /by/ which the situation of persons possessing or sharing in the consummative power in question is susceptible /diversified/: a statement of the several situations together with the several causes of inaptitude /sinister interests and interest©begotten prejudices/ which in the instance of the several persons by whom those situations are respectively occupied, will in the nature of the case have place and operate with effect /ought to be expected/.

    Of all these several causes of relative inaptitude taken together the tendency and natural effect is to cause the effect of the draught in question when sanctioned to give birth to such a draught as where sanctioned shall have the effect of sacrificing the universal interest to a cluster of particular and sinister interests including the interests of the several individuals having /possessing/ in a direct or more or less indirect way shares in the consummative power abovementioned: in other words to produce and establish a general system of misrule.ÁÁ
  • Title: [[lxxxiv. 134] 1822 Feb. 1 Codification]
    Description: [lxxxiv. 134]

    1822 Feb. 1

    Codification Offer

    ultisso

    ?.5. Admission Universal

    ?.5 Members unapt.

    3. A third reason is © that without the bridle applied by the admission of all persons without distinction to the exercise of the function performed by the penning of the original draught, the body of men possessed of the sanctionative or any consummative power with relation to it are /will/ in point of appropriate moral aptitude essentially and certainly unapt: and for any deficiency in this one of the three elements of appropriate aptitude no extra©abundance in respect of the two others would be capable of making compensation: on the contrary the evil produced by that deficiency in the one element would from any extra©abundance in the two other elements receive positive encrease.

    Of this moral inaptitude the causes form [...?...?] a subject of enquiry: a very compressed indication here follows: any thing like a full development would in respect of the unavoidable bulk of it be altogether incompatible with the present design.

    They will be found in the universal /universally exemplified/ and unchangeable nature of the human species /mankind/.

    4. 5. 6. 7. 8.:?

    Here insert. 9. 10. 11. 12. 13: 22. 23. 24. 25.