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[lxxxiv. 125]
1822 Jany 22
Codification Offer
Ult0
?.5. Admission Universal
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 [?].
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Title: [[lxxxiv. 87] 1822 Jany 19 Offer]Description: [lxxxiv. 87] 1822 Jany 19 Offer ?.5. Admissibility Universal The general predominance of sinister interest in all breasts and in all [...?] being established and admitted, the argument /reason/ /principle/ by which universal admission is dictated is this /lies in a narrow compass/. conferr the origination of the /original draught/ of the Code to the ruling class © whether of the legislative department or of the Executive, you can have no draught nor consequently any finished Code that is not impregnated with sinister interest and interest©begotten prejudice: have admission to proposed original draughts from all hands without exception, you throw open the door to the greatest possible number of draughts clear of that /uninfected with that/ infection or infected in the slightest degree with that taint. That which in that case the legislative body has it in its /Representatives of the people have in their/ power to prevent is the giving to any such pure draught the character of a law: But that which they have it not in their power to prevent is © its coming into existence and presenting itself to the eyes of the people. Such uninfected draught being by the supposition provided with its rationale, the people at large have thereby a standard /test/ by /to/ which to /of comparison/ to which the impure draught may be and will be sure to be composed and by which as by a test it will be tried. Take away this test take away this security, the original draught there [?], be it ever so unapt /bad/, this or [...?] is will acquire /receive/ the character of law, it being /for it is/ the only one. The greater /wider/ the difference in respect of aptitude between the less apt official and the more apt unofficial draught, the more likely /assured/ will the authors of the official draught be of seeing themselves at the next Election punished: punished by the loss of the confidence of their constituents
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Title: [[lxxxiv. 163] 1822 Jany 23]Description: [lxxxiv. 163] 1822 Jany 23 Codification Offer ?.5. Admission Universal Members unapt Not only by the matter, but even by the form of the original draught, the matter and form in a word the whole character of the Code in the state in which it receives the ”fiat• of the legislature is in a great degree determined. If in respect /relation/ either to matter or form the views /conceptions/ of those on whom the application, of the ”fiat• depends are to a certain degree at variance with the original draught, as the discussion proceeds it will ere long become generally perceptible that the only way by /course in/ which accomplishment can be given to these conceptions will be to put aside that draught and call for a new one. To any such new draught the name of an amendment to the old one may indeed be given: and in regard /as applied/ to ”motions•, in English Parliamentary Tactics this is not an altogether infrequent practice. But be the name what it will, the nature of the thing will not be changed by it. A rationale, as above described © a rationale in which, on the occasion of each distinguishable arrangement, the way in which it promises to be conducive to the greatest happiness of the greatest number is brought to view this being by the supposition an indispensable part of the proposed Code in question © let any one for example, take in hand the proposed Penal Code now /at this moment/ on the carpet in the Spanish Cortes and say whether it lies within the compass of human ingenuity to interweave with its several arrangements the correspondent portions of the sort of accompaniment so denominated and described.
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Title: [[lxxxiv. 160] 1822 Feb 7. Codification]Description: [lxxxiv. 160] 1822 Feb 7. Codification Offer. 40 ?.5. Admission Universal Members Unapt Reason 2. Operating in this field they operate under the influence of a cluster /swarm/ /confederacy/ of sinister interests: of interests /efficient causes of corruption /misrule//, against the disastrous /destructive/ effect of which in the occasion in question this is the only remedy which the nature of the case admitts of. /Reason 2. Against the sinister influences, to which their situation stands exposed, the [?] /[...?]/ open mode is the most effectual preservation./ Let original draughts from all hands be not only permitted but invited to shew themselves the best possible chance is thus taken for the obtaining of one or more draughts in the framing of which the universal interest has been the only object pursued, in preference to all such particular and thence sinister interests as stand opposed to it. He by whom that object has with [...?] fidelity /adherence/ been pursued will at any rate be the least likely to shrink from the condition of accompanying it with the interwoven rationale: since in that additional /accompaniment/ he will behold the only chance his draught can have for overpowering /surmounting/ by force of reason the forces of any sinister interest with the conjunct prejudices which on this or that occasion he may find opposed to it: for /and/ in that rationale he will give a standard /[...?]/ /test/ by which all other draughts all draughts which are the produce of sinister interest in any shape may be tried: the fallaciousness of all fallacious reasons detected. A sinister interest is any interest that stands and acts in opposition to that of the greatest number. By no other means than by an opposition manifested by the greatest number can any effectual bar be opposed to any sinister arrangement which the sinister interest of the legislative body or a prevailing party in it may have dictated: by /in/ every useful /right/ arrangement with an apt part of the rationale for its support which the legislative body [?] under the guidance of any such sinister interest may have neglected /put in virtual [?]neglect/ an invitation will be given to the people to come forward and make their sentiment [?] known.
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