date

1821 Novr 28 Codification Offer
1821 Novr 28

Codification Offer

'.8. Foreigner best

This most closely appropriate test being out of the question remains as a

succedaneum to it any work by which the two connected ideas - namely that of all

comprehensiveness in the Code and that of the accompaniment in question - being

brought to view, an outline of the field of law, in conjunction with that of a

covering proposed for it an outline compleat or more or less approaching to

compleatness has /may have/ been traced - say in one word a work exhibiting the

idea of an all-comprehensive and all along rationalized Code Here then, apposite

with reference to the work in question namely the original draught of such a

Code, apposite in an inferior but in the next degree is a test of appropriate

aptitude

Suppose them by each of two men the one a native the other a foreigner the other

a native a work of this description already composed and exhibited /brought to

view/. /the idea of an apt Code of the sort of Code demanded. In so far as

depends upon appropriate active talent suppose the two works as nearly equal

/near to equality/ as may be/ Between the one and the other how stands the

matter in regard to probability of the aggregate of appropriate aptitude? The

answer is - in favour of the foreigner. As to the native his probative piece

/work/ is before the public /in existence/. But it is but an outline. In the

outline suppose no results or traces of sinister interest, sinister affection or

sinister prejudice are perceptible But to become /be converted into/ the sort of

work in question this outline requires to be made compleat and filled up: and in

the course of /throughout the whole of/ this /so long as this/ operation the

workman is exposed to the action of these sinister interests affections and

prejudices so often mentioned. Turn /Look/ now to the foreigner. In what case in

this respect is he? To his situation /case/ these causes of aberration from the

line of aptitude have not any of them any application.
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