date

1821 Nov. 17 Codification Proposal
1821 Nov. 17

Codification Proposal Title

Proposal Title

Codification Proposal from Jeremy Bentham to all Nations professing liberal

opinions.

or

Idea of a proposed all-comprehensive body of law, with an accompaniment of

Reasons applying all along to the several proposed arrangements: those Reasons

being expressive of the consideration by which the several arrangements have

been presented, as being, in a higher degree than any others, conducive to the

greatest happiness of the greatest number of the individuals of whom the

community in question is composed:

Including Observations respecting the hands by which the original draught of a

work of the sort in question may with most advantage be composed:

Also intimation from the Author to the competent authorities in the several

Nations and Political States expressive of his desire and readiness to draw up

for their use respectively, the original Draught of a body of law such as above

proposed.
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    Description: 22 November 1821

    Codification Propos. Address

    J.B. to People

    Jeremy Bentham

    To the People and their Constituted authorities in the several Nations and Political States professing Liberal Opinions.

    Men and Brethren!

    This title will embrace you all. Spare me the embarrassment of looking out for others.

    My desire is - for ambition would not be the proper word - my desire is to be admitted to lay before you a professed legislative rule: and the ---- draught of an all-comprehensive(?)

    My endeavour has been and is - to supply you not only with an apt /legitimate/ rule of action for each - but in that ---- has been done /furbished/ for you by nature rule an additional bond of ---- for you all, over and above whatever /----/ has been ---- /wrought/ for you by the hand of nature.

    Let not self sufficiency let not pride or vanity, /national, or/ personal or ---- of national stand in the way of a --- and universal interest /benefit/. /Let not any such ---- ----/. Reject those propensities which in human nature are so universal. Reject not a proffered service, for no better ---- than that it can not be rendered without a hand to render it. In the tender made of this service, superiority is involved - it is only in that sort and degree without which the service could not be rendered. Punish not therefore yourselves to avenge yourselves on /in the hope of punishing/ one whose endeavour it is to become your benefactor, unpleasant as are in some eyes the ideas associated with that of a benefit received.

    Testimonials excepted, such as you will see, on this basis rests all the claim he makes to superiority or any sort or shape or degree - on this basis alone: can there be /see whether there can be/ a more ----- one? A man who /-- to hand/ for more than fifty years together has been occupied /occupying //exercising// himself/ in shooting /aiming/ at a certain mark /-----/ is he not thus far more likely to hit it /has he not a better chance for hitting it/ than one who has never aimed at it?

    With relation to all of you he is -----, a foreigner. But in that very circumstance, supposing him in other respects not inferior, he ---- a claim of superiority in the scale of probable usefulness: the grounds of them as --- are before you. In this circumstance at any rate there is nothing to gratify vanity on the one head or wound it on the other.

    It is
  • 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.
  • Title: [1821 Nov 15 Codification Offer]
    Description: 1821 Nov 15

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    '8. Foreigner best Conclusion

    From all this it seems sufficiently evident, that, from any adoption, however

    extensive, given in the instance of that particular Constitutional Code, to a

    Code the original draught of which was composed by the hands of natives, it

    follows not that, in the case of a suite of Codes, Penal, Civil and

    Constitutional, formulated each of them with an interwoven rationale the

    circumstance of the original draughts having had a foreigner for its author

    would be the less likely, to given to the acceptance of it on the part of other

    nations, the superior facility above supposed.