date

[lxxxiv. 163] 1822 Jany 23
[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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