JB_128_034.xml

Title: [15 May 1821 Codification Cttee Rudiments]

Description: 15 May 1821

Codification Cttee Rudiments

From Papers on Codificat. pp. 117 to 120

Materials[?] useful functions

I. To subject between 1. […?] to put[?] in memory. Compass for interpretation

II Legislator

1 Compass. 2. Barrar[?]. 3. Support[?] IV. in public opinion.

III. Judge – 1. Compass 2. Barrar[?]. 3. Support.

IV & V. Citizens at large or similar[?] buys 1.

sense of security and tranquility: affects[?] an intellectual and moral a lesson book.

VI. […?] argument. Lesson Books in legislation Inserendum

VII To /[…?]/ Inserendum Misrule book indicates test of aptitude as Candidates.

Inserendum. }

§.9

As to regard to legislation test of law[?] applied to Constituents: some of […?] to

himself, requiring perpetual reference to it.

Inserendum v §.8 }

§.8

Without this test, no dwellers too weak to make laws p.119. hand on §.8.

§.10. Offer[?]

Codification Committee should not take umbrage at J.B. English Legislature never

takes umbrage at amendments.

{ Inserendum. §.9. or so

In any State /[…?]/ should a Rationalized Code be established, it will form an arm[?]

in Government, it will be an example to all other Nations. In that[?] Nation at any

rate, the reign arbitrary law will be at an end: at an end for ever. For when

rationalized law has made its appearance, very […?] would rather[?] for excluding

/[…?]/ any such proportion as that of substituting to it arbitrary law. }

Jury to Arquillon[?]

Appeal to the National or the Provincial Capital according to the probability of a

good Jury.

Jury to be in each others presence till Verdict is given. This to prevent bribery.

Opinion of the number of the tribunal of public opinion is more imposing when not

pronounced, than when as in the case of a Jury pronounced: pronouncing an opinion some one way some

another, they become parties.

Melancholy the reflection. By power[?] and sinister interest adification[?] easy: by

continual aptitude without sinister interest, supremely difficult.

Leave here the praise of active Talent – The praise of moral aptitude and

intellectual will still rise to power.

+ Grudging not to another and a foreigner the praise of genius[?]

That of right application of power[?] to such an object passive[?].

11 May 1821.

1. + This offer made notwithstanding to publication of Papers

relative to Codification &c. p.1

2. + Refusal of reward – reasons for it. p. 2. 3.

3. Notification of these particulars why necessary p.1. – p.4.

4. J.B.’s aptitude absolute and comparative. p.5

Proofs 1. Public opinion of Dumontiana. 2. Testimonials. p.7

5. Code why not already commenced[?] and published.

{ §.4. Draughtsman single Subsistence.

§.§.1 Reason 1. Securing consistency Draughtsmen subordinate – 1. 2. 3. 4

§.§.2. Reason 2. Securing moral aptitude. Workmen independent and co-ordinate. 5. 6.

7. 8. 9. 10 17 o.

§.§.3. Reason 3. Securing aptitude intellectual as well as moral – draughtsmen […?]

and subordinate: 14. 15. 16.

§.§.4. {Conformity of public opinion to greatest happiness &c supposed –

why.} The greater the number of opinions of which public opinion is composed, the

greater the chance of its conformity and conduciveness to greatest happiness

&c. 18. 19. 20. 21. 22

§.§.5. The greater the number, the greater at any rate its effective force, to the purposes of remuneration and

punishment. 12

Ordo novus proposed 12 May 1821

§.§ 1. Hands divers – Inconsistency as between the division and division division

great viz. no[?] […?] aptitude – moral and intellectual supposed 1. 2. 3. 4

§.§.2. Hands divers, and independent and co-ordinate deficiency as to moral aptitude.

5. 6. 7. 8. 9. 10. 17. One will as[?] procure a draught conformable to his

interest[?] and prejudice, the others will each of them get in as much of his own as

may be. Hence the[?] consistency, and thus intellectual power of the weak will be

empowered. Inserendum

§.§.4. Hands divers acting under secret direction of an independent functionary,

makes deficiency as to moral aptitude. His sinister interest associated[?]. His

working[?] so far as they can […?] his. Intidum[?] }

§.4. Draughtsman single subsistence continued.

§.5. Hands divers, acting each under direction of superior or superiors can severally

or conjunctly deficiency still palls[?]. Intidum[?]

§.6. So as to intellectual aptitude. 13

Assumed

§.7. Assumed, the conformity of public opinion to greatest happiness &c. 1.

First as to direction.

The greater the number of those who take […?] the greater the chance of the

conformity of their opinions to the greatest happiness of the greatest number. 18.

19. 20. 21. 22. 23.

§.8. as to force. The greater their number, the greater their power as to […?]

remunerative and penal. 12 }

By the […?] for the factitious[?] those who would be absent[?] by the national[?]

mood[?] will be driven[?] away through despair of access

to[?] be what will be said per[?] moral aptitude

{ 1. Consistency

4. Aptitude throughout so far as depends on moral aptitude /[…?]/

3

1. Case 1. Workmen Divers independent and coordinate. i.e. a Board 5. 6. 7. 8. 9. 10

4

Case 2. Workmen are under direction of a Board.

2

3 1. Case 3. Workmen divers, under direction of a single hand.

5

4. Case 4. Workmen divers acting under direction of a Board. Members directing[?]

jointly or severally.

5. Case 5. Workman one acting under direction of one superior.

III. Aptitude throughout so far as depends on intellectual aptitude. }

§.10 Offer Why

§.§.1. Offer here renewed why. p | | p.1

§.§.2. J.B.’s aptitude, {absolute and} comparative p.2

§.3. D o absolute as for translation & periodical[?]

§.4.

Bonapartes Codes

Code d’Instruction Criminelle Paris 1810 Edition Stereotype – 2 de

tirage.

Pages 140 […?] 643

without Motifs

Then follows 1. Motifs du livre

1. Ch. 1 à 8. pp. 1. to 36

Par Trulhard[?], Réal et Faure Conseillers d’Etat Seance du 7 Nov r 1808

2. Motifs du Livre II

Tet. 1[?] Ch. 1 a 2 par Trulhard[?], Bastier et Petit, Conseillers d’Etat. Séance du

9 Nov r 1808. pp. 36 to 48.

3. Rapport par les Chapitres 1 et 2 du livre II du Code d’Instruction criminelle, par

M r Granier, Membre de la Commission de Législation. Séance du

19 Nov re 1808 pp. 49 to 61.

4. Motifs du Livre Tetes II Ch. 1 a 5 Presentes par M. le Comte Faure Orateur du

Gouvernement.

p.p. 113 Fondée sur des principes de douceur et d’humanité, une institution noble et

liberal par estime ne sauroit[?] etre incompatible avec le caractère et les moeurs

d’une nation naturellement douce, bonne et généreuse.

N[?]. 188. Le nouveau Code criminal, Mess rs a été l’objet des

meditations de Heros-Legislateur qui nous gouverne, et dont l’image révéré semble

respirer dans cette enceinte[?]

All comprehensiveness possibility – proofs of

In these genera[?] generalissima are comprised all the several authorial[?]

queries[?] and […?] that can ever present themselves to mans[?] observation.

1. Ends. 2. Means

Pains 2 and Pleasures 1 que[?] bills[?]

2. Subjects operated in sinister[?]-[…?]

3. Agents operating - d o

4. Instrumental

5 1 Benefits 2 […?]

6. […?] acts, beneficial acts: their fictitious product[?]

services rendered.

7. Aspect of will to the act

1. positive 2. negative

8. 1. State of things. 2. Events

{ Possible que[?] Post[?] can[?], had[?] post[?] nor be immoral[?] scarcely[?] not

possible a little what[?] here[?]

In states as in individuals[?]

Youth[?] the sense of

Virtue: } of claim is the sheet[?] it is nothing[?] […?]

{ Fortunately […?] stands clear of the onslaught which sinister interest would

otherwise pour down }

{ Produced[?] 29 May 1821

Offer[?]

Think of the difference between a body forced either immediately by a Despot, and the

mere[?] acceptance of a Code for[?] J.B. for […?] only. Yet law[?] […?] […?] from

JB_084_094.xml

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 ??.│   │

036_122V.xml

Title: [[036-122v] 1821 May 14 Codification]

Description: [036-122v]

1821 May 14

Codification Offer

'.4. Draughtsman single

First then as to absolute aptitude as just explained. On the part of the draught, absolute aptitude will be as the relative aptitude of the workman or workmen by whom it is composed. As in other political situations, so in this, appropriate aptitude divides itself into three branches: appropriate moral aptitude, appropriate intellectual aptitude, and appropriate active talent: and in the case of intellectual aptitude appropriate knowledge and appropriate judgement may require to be distinguished.

As to appropriate moral aptitude, in the present case it consists in neither more nor less than the disposition, so it be the effectual disposition, to take from first to last for the object pursued in and by the work, the all-comprehensive and only justifiable end so often mentioned.

It is this which in the order of importance and thence of regard claims the first place: for wherever /in so far as/ in this shape aptitude is deficient the work may, instead of coming near to that end, be found to have been made to diverge from it but the further, by any extraordinary degree of appropriate aptitude in those other shapes. If so it be that, has among its objects, the formation of some particular interest - and this at the expence and by the sacrifice of the greatest happiness of the greatest number, the more consummate the aptitude of the workman in respect of intellectual power and active talent in relation to that end, the more extreme will be that sacrifice.