date

[lxxxiv. 115] 1822 Jany 21
[lxxxiv. 115]

1822 Jany 21

Codification Offer

ult¼o

?.5 Admission Universal

Of the repugnance /strenuousness/ with which a proposal to this effect is opposed by the current of particular interest in the situation of constituted legislator no one can be more intensely sensible than he is by whom it is thus brought forward. Experience however has shewn that acceptance is not every where and absolutely impossible: and in conjunction with acceptance given or not given to the offer of a rationale, acceptance given or not given to this proposal for the throwing open the door of the legislative Assembly to original draughts from all hands without exception may be stated as as a most instructive /searching/ test of appropriate aptitude on the part of a member of that body, and the rejection of /opposition to/ both not to say of /to/ either a proof altogether conclusive of relative inaptitude. It is an avowal of the uncontrouled predominance of sinister interest in his breast: it is a declaration as plain as it is in the power of words to give of a disregard of /for/ the greatest happiness of the greatest number: of a determination so far as depends upon him to give the utmost copiousness possible to the sinister sacrifice.
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    1. Under any other government than a representative democracy, having for its object or end in view the greatest happiness of the greatest number, only under /in/ a particularly favorable state of things, and ”that• necessarily of short continuance could any such Proposal as the present, and in particular this leading feature in it possess any chance of acceptance capable of constituting an equivilant for the labour necessary to /employed in/ the publication of it

    Accordingly it is in the disposition of that same greatest number that in the present instance all expectation of acceptance from /at the hands of/ the Constituted authorities.

    The case is that it is only under such a form of government that for any considerable length of time if at all it is possible, consistently with the nature of man, that the greatest happiness of the greatest number should by the operative rulers be in their practice actually taken for the object and end in view of their government.

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    V. Reasons against the close mode

    Reason 2. Sinister interest unbridled.

    II Reasons against the close mode

    Reason 4. Under the close mode, sinister interest uncontrouled /unbridled/.

    Every interest in so far as it can be promoted and pursued otherwise than at the expence and to the diminution of the happiness of others of the greatest happiness of the greatest number to a greater amount may in contradistinction to a sinister interest be termed a mans right and proper interest.

    Every interest which can not be promoted or pursued but at the expence and the diminution of the greatest happiness of the greatest number to a greater amount may be termed a man's sinister interest.

    If in the instance of any man by means of an encrease given to the aggregate amount /mass/ of the external instruments of happiness the happiness is encreased without preponderant diminution in them of the happiness of others it will be either without or with an equivalent afforded to them: if without such equivalent it will be /is/ in the way of gift from them to him: if with and in condition of such equivalent, it is in the way of exchange.

    If, and in so far as it is at their expence and without their free consent that the accession to his stock of the instruments of happiness or felicity has place it is by the exercise of power of power over them in a correspondent shape.
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    How [?] this [?] does to the Spanish mind

    Next to the throwing open the door to original draughts, Next to the unlimited call for original draughts by unofficial hands is the like call for observations on one original draught © on the one /sole/ original draught prepared by official ones.

    official ones. Of an invitation of this sort one example and it is the first or [...?] has been /is that/ given in Spain by the Legislative Committee. In this measure, the praise of popular affection and deference /respect/ to the judgment of the tribunal of public opinion was not unequivocally courted. But as to public affection as to real regard for the greatest happiness of the greatest number: to /in/ what degree any such generous affection had place may be more instructively seen in the Proposed Code itself than in any such collateral manifestations: in the Code itself, and for /towards/ a judgment on this hand some assistance may perhaps be found in the /my/ observations of mine of which that composition is the subject.

    In the character of a precedent that invitation may at any rate have its value, whatsoever may have been the designs and motives in which it originated.

    But how inconsiderable the effect of any and [...?] such tardy invitation is in comparison of the /an/ original one, must have already been perceptible. Be the character of it in the aggregate ever so plainly hostile to the greatest happiness of the greatest number The source from which it emanes it is seen to emane suffices of itself to cut off /exclude/ all hope of of seeing it receive the opposite or any materially different character upon /on/ the whole If the groundwork be bad all that in this case can be done by amendment is to give the work a sort of polish /smoothness/, and thus afflict the people with a yoke from which otherwise their [...?] might have started which otherwise might at once [?] by universal cry have been pronounced unendurable [?].