date

1821 Novr 29 Codification Proposal
1821 Novr 29

Codification Proposal

'.8. Foreigner best

This being explained, the following /a/ position may in the character of a

position to be proved be laid down without danger of being misconceived, and

thereby without danger of appearing, as without such /this/ supposition it might

have been apt to do pregnant with palpable absurdity

The original draught in question being the subject matter reference to the

exercise of the consummative function, what is admitted and maintained is - that

natives as such, natives compared with foreigners are exclusively competent

At the same time to the exercise of the initiative function, aptitude in other

respects being supposed equal, foreigners as such - foreigners as compared with

natives - are in a superior degree competent: possessing a superior chance or

probability of being found possessed of a superior degree of appropriate

aptitude with relation to it
Similar Items
  • Title: [1821 Novr 29 Codification Proposal]
    Description: 1821 Novr 29

    Codification Proposal

    '.8. Foreigner best

    If by the exercise of this initiative function power called the initiative power

    were exercised, and person exercising it were a foreigner, not only on this

    supposition would power be exercised by this /such/ foreigner, but a power

    greater than any which the supreme ruler or rulers of the state could exercise:

    the share thus exercised by him would be greater than the whole remainder left

    to them /respectively to him/: conceive any mass /body/ of discourse capable of

    being proposed in the character of a body of law: by the possessors of the

    consummative power it could not be prevented from becoming law till after

    discussion whereas by the possessor supposing here such possessor of this

    initiative power it could without any discussion be prevented from becoming law:

    it could be prevented from being discussed: by mere inaction, and without any

    exertion on his part he could prevent any thin that he pleased to prevent from

    becoming law.
  • 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: [[113-023v] 1821 Nov r 29 Codification]
    Description: [113-023v]

    1821 Nov r 29

    Codification Proposal

    '.8. Foreigner best

    If by the exercise of this initiative function power called the initiative power were exercised, and person exercising it were a foreigner, not only on this supposition would power be exercised by this /such/ foreigner, but a power greater than any which the supreme ruler or rulers of the state could exercise: the share thus exercised by him would be greater than the whole remainder left to them /respectively to him/: conceive any mass /body/ of discourse capable of being proposed in the character of a body of law: by the possessors of the consummative power it could not be prevented from becoming law till after discussion whereas by the possessor supposing here such possessor of this initiative power it could without any discussion be prevented from becoming law: it could be prevented from being discussed: by mere inaction, and without any exertion on his part he could prevent any thin that he pleased to prevent from becoming law.